California victims can't sue weapons makers
by David Kravets
The Associated Press
6 August 2001
SAN FRANCISCO -- Victims cannot sue weapons manufacturers for damages when criminals use their products illegally, the California Supreme Court ruled Monday in a closely watched case testing gunmaker liability.
The high court's decision - whether a gun manufacturer can be sued on allegations it was partly responsible for a criminal shooting - stems from a 1993 massacre of eight in a San Francisco law office skyscraper.
The justices kept in step with other courts in insulating gunmakers from liability. Every state high court and federal appellate court in the nation to consider such suits against gun manufacturers has ruled that makers of legal, non-defective guns cannot be sued for their criminal misuse.
The court ruled 5-1 that the Legislature's rules regarding product liability do not allow for such suits against gun manufacturers.
"In reaching this conclusion, we are not insensitive to the terrible tragedy that occurred on July 1, 1993," Justice Ming W. Chin wrote. "The Legislature has set California's public policy regarding gun manufacturers liability under these circumstances. Given that public policy, plaintiffs may not proceed with their negligence claim."
Monday's decision was an important victory for weapons manufacturers and Navegar Inc., the maker of the weapon used in the skyscraper massacre. The justices overturned a California lower court decision that was the nation's only state appellate ruling allowing victims to sue a gun manufacturer for someone's criminal acts.
Surviving victims of the skyscraper rampage claimed that Navegar was liable for damages because it marketed the TEC-DC9 to appeal to criminals, and that Navegar should have foreseen that it would be used in a massacre.
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