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Monday August 6 1:33 PM ET
Calif. High Court Finds Gunmaker Not Liable
Calif. High Court Finds Gunmaker Not Liable
SAN FRANCISCO (Reuters) - In a major defeat for gun control
advocates, California's Supreme Court ruled on Monday that
firearms manufacturers cannot be held legally responsible for
the criminal use of their weapon. The Supreme Court justices found that Miami-based Navegar
Inc. could not be sued over a 1993 attack in which a
disgruntled businessman used a Navegar-made TEC-DC9 military
assault pistol to kill nine people, including himself, in a San
Francisco office building. With its decision, the California court joins a growing
list of federal and state courts which have ruled against
liability for gunmakers -- undercutting gun control activists
who want to sue them for what they see as negligence in
marketing weapons used in crimes. The California case, thrown out of court in 1997, was
reinstated by a state appeals court two years later which said
it was conceivable that Navegar had been negligent in promoting
the TEC-DC9, a weapon frequently used in crime and part of the
arsenal used by teenage killers in the Columbine High School
massacre. In its 5-1 decision Monday, however, the state's top court
said Navegar could not found negligent ``because the Legislature
has declared as a matter of public policy that a gun
manufacturer may not be held liable.''
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