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http://www.miami.com/herald/content/news/local/florida/digdocs/031725.htm=


Published Thursday, April 12, 2001=20


Bills would bar cities, counties from gun lawsuits
One bill (SB 412) is sponsored by Sen. Charlie Bronson, R-Indian Harbour =
Beach, long an ally of gun owners.=20
BY STEVE BOUSQUET AND MARIKA LYNCH=20
sbousquet@herald.com=20


TALLAHASSEE -- Miami-Dade County's unsuccessful lawsuit against gun =
manufacturers to recover the cost of treating gunshot victims is =
prompting both houses of the Legislature to consider bills to stop every =
other city or county in Florida from taking similar action.=20

Similar legislation has floundered the past two years, but the Senate =
and House are moving ahead with bills this session.=20

The Senate debated its version Wednesday, blocking attempts by Democrats =
to encourage use of gun-locking devices. A final vote was delayed.=20

The bill (SB 412) is sponsored by Sen. Charlie Bronson, R-Indian Harbour =
Beach, long an ally of gun owners and a candidate for state agriculture =
commissioner in 2002.=20

His bill bans counties, cities or special districts from suing gun =
makers except in cases involving a breach of contract or warranty or =
injuries resulting from manufacturer defects.=20

A similar bill has passed two House committees and awaits floor action.=20

HELPED WRITE BILL=20

Marion Hammer, longtime lobbyist for the Unified Sportsmen of Florida, =
an affiliate of the National Rifle Association, said she helped write =
Bronson's bill.=20

Hammer said it was wrong for Miami-Dade Mayor Alex Penelas to sue gun =
manufacturers and file appeals after being denied legal standing in the =
circuit and appellate courts.=20

The county sued two dozen gun manufacturers in 1999 on behalf of gun =
victims to recover the cost of treating uninsured victims of gunshots. =
The county's latest petition is pending before the state Supreme Court.=20

``It is wrong for public officials to use taxpayers' dollars to abuse =
the judicial system for their own personal political agendas,'' Hammer =
said.=20

Bronson's bill says, ``The Legislature finds and declares that the =
manufacture, distribution or sale of firearms and ammunition by =
manufacturers, distributors or dealers duly licensed by the appropriate =
federal and state authorities is a lawful activity and is not =
unreasonably dangerous.'' The bill says the ``unlawful use'' of firearms =
and ammunition ``is the proximate cause of injuries arising from their =
unlawful use.''=20

NO OTHER EXAMPLE=20

Sen. Ron Klein, D-Delray Beach, said he could not recall another case of =
the Legislature's specifically declaring an industry to be not =
unreasonably dangerous.=20

``We are, absolutely, breaking new ground here. We're treading into an =
area which I don't think the Legislature should be considering,'' he =
said.=20

Penelas said he was not surprised about the Senate's intentions.=20

``On the one hand, they are saying the state should be less involved in =
local matters, and here they are telling local governments whom we can =
and cannot sue,'' Penelas said. ``I don't agree with it. It's clear the =
NRA has a pretty strong clutch on the Legislature -- everybody there =
knows that.''=20

Asked to respond to Hammer's charge that he was ``abusing'' his position =
by spending tax dollars to press the county's case in court, Penelas =
said: ``I typically don't respond to their criticism, so I'm not going =
to respond now.''=20

Democratic Sens. Betty Holzendorf and Skip Campbell tried to amend =
Bronson's bill to encourage more use of trigger locks or integrated =
safety devices, but their amendments failed on voice votes.





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<DIV><FONT size=3D2><A=20
href=3D"http://www.miami.com/herald/content/news/local/florida/digdocs/03=
1725.htm">http://www.miami.com/herald/content/news/local/florida/digdocs/=
031725.htm</A></FONT></DIV>
<DIV><FONT size=3D2></FONT>&nbsp;</DIV>
<DIV><EM>Published Thursday, <NOBR>April 12, 2001</NOBR> =
</SNML_FOLIO></EM>
<P></P>
<P><EM></EM><FONT face=3D"Arial, Helvetica, sans-serif"=20
size=3D-1><!-- docstart --><SNML_HEADLINES>
<H2>Bills would bar cities, counties from gun =
lawsuits</H2></SNML_HEADLINES>One=20
bill (SB&nbsp;412) is sponsored by Sen. Charlie Bronson, R-Indian =
Harbour Beach,=20
long an ally of gun owners.=20
<P><SNML_BYLINE><FONT face=3D"Arial, Helvetica" size=3D-1><B>BY STEVE =
BOUSQUET AND=20
MARIKA LYNCH </B></FONT><BR><SNML_CREDIT_LINE><FONT face=3D"Arial, =
Helvetica"=20
size=3D-1><A =
href=3D"mailto:sbousquet@herald.com">sbousquet@herald.com</A></FONT>=20
</SNML_CREDIT_LINE>
<P></SNML_BYLINE>
<P><SNML_BODY><SNML_LEAD>TALLAHASSEE -- Miami-Dade County's unsuccessful =
lawsuit=20
against gun manufacturers to recover the cost of treating gunshot =
victims is=20
prompting both houses of the Legislature to consider bills to stop every =
other=20
city or county in Florida from taking similar action.=20
<P></SNML_LEAD>Similar legislation has floundered the past two years, =
but the=20
Senate and House are moving ahead with bills this session.=20
<P>The Senate debated its version Wednesday, blocking attempts by =
Democrats to=20
encourage use of gun-locking devices. A final vote was delayed.=20
<P>The bill (SB&nbsp;412) is sponsored by Sen. Charlie Bronson, R-Indian =
Harbour=20
Beach, long an ally of gun owners and a candidate for state agriculture=20
commissioner in 2002.=20
<P>His bill bans counties, cities or special districts from suing gun =
makers=20
except in cases involving a breach of contract or warranty or injuries =
resulting=20
from manufacturer defects.=20
<P>A similar bill has passed two House committees and awaits floor =
action.=20
<P>HELPED WRITE BILL=20
<P>Marion Hammer, longtime lobbyist for the Unified Sportsmen of =
Florida, an=20
affiliate of the National Rifle Association, said she helped write =
Bronson's=20
bill.=20
<P>Hammer said it was wrong for Miami-Dade Mayor Alex Penelas to sue gun =

manufacturers and file appeals after being denied legal standing in the =
circuit=20
and appellate courts.=20
<P>The county sued two dozen gun manufacturers in 1999 on behalf of gun =
victims=20
to recover the cost of treating uninsured victims of gunshots. The =
county's=20
latest petition is pending before the state Supreme Court.=20
<P>``It is wrong for public officials to use taxpayers' dollars to abuse =
the=20
judicial system for their own personal political agendas,'' Hammer said. =

<P>Bronson's bill says, ``The Legislature finds and declares that the=20
manufacture, distribution or sale of firearms and ammunition by =
manufacturers,=20
distributors or dealers duly licensed by the appropriate federal and =
state=20
authorities is a lawful activity and is not unreasonably dangerous.'' =
The bill=20
says the ``unlawful use'' of firearms and ammunition ``is the proximate =
cause of=20
injuries arising from their unlawful use.''=20
<P>NO OTHER EXAMPLE=20
<P>Sen. Ron Klein, D-Delray Beach, said he could not recall another case =
of the=20
Legislature's specifically declaring an industry to be not unreasonably=20
dangerous.=20
<P>``We are, absolutely, breaking new ground here. We're treading into =
an area=20
which I don't think the Legislature should be considering,'' he said.=20
<P>Penelas said he was not surprised about the Senate's intentions.=20
<P>``On the one hand, they are saying the state should be less involved =
in local=20
matters, and here they are telling local governments whom we can and =
cannot=20
sue,'' Penelas said. ``I don't agree with it. It's clear the NRA has a =
pretty=20
strong clutch on the Legislature -- everybody there knows that.''=20
<P>Asked to respond to Hammer's charge that he was ``abusing'' his =
position by=20
spending tax dollars to press the county's case in court, Penelas said: =
``I=20
typically don't respond to their criticism, so I'm not going to respond =
now.''=20
<P>Democratic Sens. Betty Holzendorf and Skip Campbell tried to amend =
Bronson's=20
bill to encourage more use of trigger locks or integrated safety =
devices, but=20
their amendments failed on voice votes.<BR></P>
<P>&nbsp;</P></FONT></DIV></BODY></HTML>

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