Tuesday, August 14, 2012

Test ahead for U.S. law limiting gun-seller liability

Recent deadly shootings in Wisconsin and Colorado reignited calls for more gun control in the United States, but one element has been largely missing from the debate: Should gun makers or sellers be held liable? A 2005 law that protects the gun industry from certain lawsuits has been challenged in Alaska in case that may give gun-control activists their next chance to test the law before the U.S. Supreme Court. On August 2, 2006, Jason Coday, a drifter with a lengthy arrest record, left a gun store in Juneau carrying a Ruger .22 rifle. Two days later, he used the gun to kill Simone Kim, a 26-year-old contract painter who was working outside a supermarket in the city's downtown. Coday was convicted of first-degree murder and other charges and sentenced to 101 years in prison. In 2008, Kim's family sued gun store owner Ray Coxe, alleging that he knowingly allowed Coday, "a fugitive from justice" and a "user of methamphetamine and other drugs," to pay for the gun without first getting a background check. An Alaska state judge dismissed the lawsuit in 2010, citing the federal Protection of Lawful Commerce in Arms Act, which prohibits civil claims against gun makers and dealers for the "misuse of their products by others." Kim's family is appealing to the Alaska Supreme Court, arguing that the law violated the 10th Amendment of the U.S. Constitution, which says powers not delegated to the federal government are reserved for states or the people. Whichever way the court goes, its decision could be appealed to the U.S. Supreme Court...more

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