To: firearms-alert From: Terry Wintroub Date: Wed, 31 Dec 2003 18:35:02 -0500 Subject: [firearms-alert] Letter to the Indy Star re editorial on Gary lawsuit and gun industry "immunity" bill Sent to them 12/31/03 4:35 p.m. EST via their website Terry ******************************************************************** Just because your piece "Blame gun dealers, not manufacturers" [http://www.indystar.com/articles/4/105900-1464-021.html] is an editorial, rather than a news story, doesn't justify ignoring the facts. You claim "Congress is on the verge of exempting the industry from lawsuits". But Congress is on the verge of no such thing. S-659, the Protection of Lawful Commerce in Arms Act, prohibits lawsuits against the industry for damages resulting from the misuse of their products BY OTHERS. The bill details 5 specific cases in which the industry could still be sued. All 5 are cases in which THE INDUSTRY MEMBER did something wrong, such as manufacturing a defective product, willfully violating a law in a manner that directly caused the damage, committing negligence, committing "negligent entrustment". Read the bill: http://thomas.loc.gov. All it would do is prevent these Garyesque lawsuits that seek to punish the industry for legally making and legally selling a legal, important, and useful product that some bozo subsequently misuses. Imagine that Gary and The Brady Center for the Prevention of Newspaper Violence were suing the Star and its vendors every time a careless homeowner burned up his house with a fire he started using the Star as kindling. Imagine that they were suing every time an arsonist used the Star to ignite his fire. Would you still contend that a middle ground is needed that doesn't protect you from these suits?