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Date: July 7, 1998 2:05 pm
Contact: Bill McGeveran of the Violence Policy Center,
202-822-8200, ext. 105

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Gun Control Advocates, Senators Fight to Keep Courtroom Doors Open for Gun Victims
WASHINGTON - July 7 - A crucial amendment to be offered this week by Sens. Robert Torricelli (D-N.J.) and Dianne Feinstein (D-Calif.) is the last chance to keep the courts open for people who have been injured by guns or lost loved ones in shootings, the Violence Policy Center said today. The amendment would strip provisions from a broad product liability bill that would shield gun manufacturers from lawsuits by victims.

VPC Director of Federal Policy Kristen Rand joined the senators and other gun control advocates to unveil the amendment at a 2 p.m. press conference in room 385 of the Russell Senate Building. Also attending the event was Steve Young of the Chicago-based HELP for
Survivors, whose son, Andrew, was shot and killed in Chicago two years ago when he was mistaken for a gang member. Young has joined a lawsuit against gun manufacturers by parents of murdered children.

"Because the gun lobby has a stranglehold on Congress, the laws on health, safety, and consumer protection that apply to every other product don't apply to guns," Rand said. "The courtroom is the only place left to get compensation for victims of gun violence and make the gun industry accountable for its conduct. The Torricelli-Feinstein Amendment preserves this last chance for justice."

The product liability bill is the result of a compromise between its Senate sponsors and the White House. If the Senate passes the legislation, it is expected to be approved by the House and signed by the President this year. The Torricelli-Feinstein Amendment would maintain the gun industry's legal responsibility by excluding guns from the bill's reach. The legislation already includes a similar exemption for tobacco. Early whip counts on the amendment project a very close vote.

Last week, the VPC released a report, "Small Favors," which exposes how the bill's protection for "small businesses" would apply to many notorious gun manufacturers that each produce thousands of firearms every year. The report provides background on a sampling of these companies, including their production figures and pictures of their weapons.

"Most Americans think of a small business as Mom and Pop's candy store, not Davis Industries, which churns out anywhere from 50,000 to 175,000 Saturday Night Specials in one year," Rand said.

Davis Industries is one of many companies specializing in Saturday Night Specials which would be protected as a "small business." Other beneficiaries of the "small favor" include the manufacturers of guns with documented safety defects and the makers of such infamous guns as the AK-47, the TEC-9, and the Street Sweeper.

In its current form, the bill limits punitive damages against any "small business" to a paltry $250,000. Other provisions of the proposed legislation would:

-- Protect gun sellers as well as manufacturers, even in cases when they market guns to criminals or children.
-- Raise the standard for punitive damages, making it much easier for gun manufacturers to avoid punishment for reckless business practices such as making defective or unsafe guns or carelessly distributing guns so that children and criminals have easy access to them.
-- Bar cutting-edge legal theories now being tested in a sprinkling of lawsuits across the country against gun manufacturers.

These restrictions would obliterate the new wave of lawsuits against the gun industry, which are modeled on the successful litigation against tobacco companies. Around the country, gun victims, gun control advocates, and mayors are pursuing potential cases. The mayors of both Philadelphia and Chicago have announced that they are now considering filing lawsuits against the industry.

"The gun lobby sees how the tobacco industry has been devastated by litigation over its dangerous products and shady practices," Rand said. "Gun manufacturers want to slam the courthouse door before they meet the same fate."

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The full report, "Small Favors," is available on the VPC's web site at www.vpc.org

Journalists can also receive copies of "Small Favors" by calling Bill McGeveran at 202-822-8200, ext. 105 or Carolyn Puglia at 202-822-8200, ext. 106.
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The Violence Policy Center is a national non-profit educational organization that conducts research on firearms and firearms-related violence.

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