Caeca Invidia Es
Staff Alumnus
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>BY DAN HARRIE
THE SALT LAKE TRIBUNE
Utah lawmakers busily counting up tens of millions of dollars flowing into the state from the settlement of lawsuits against tobacco companies are moving to prohibit similar government suits against gun makers.
Representatives on Friday voted 47-22 for House Bill 199. The single-page bill outlaws state or city liability complaints for gun deaths or injuries against firearms manufacturers, distributors or dealers.
The only cause of action left to governments would be a breach of contract or warranty. HB199 now is headed to the Senate for consideration.
Rep. Tom Hatch, R-Panguitch, best expressed the sentiment of many of those favoring the suit-blocking proposal.
"This country is looking to blame someone for the condition we're in today," said Hatch. "It's time we took personal responsibility for our actions."
New Orleans and Chicago have led 28 American cities in bringing suits against gun makers for deaths and injuries -- though Louisiana's Legislature passed legislation similar to Utah's legislation, which would pre-empt a city's right to file suit against gun makers.
No Utah cities have lodged such complaints and new Salt Lake City Mayor Rocky Anderson has said he was not inclined to initiate such action.
Still, HB199 sponsor Rep. Matthew Throckmorton, R-Springville, said such a pre-emptive move makes sense.
He complained about courts infringing on legal business activities -- even constitutionally protected ones involving guns.
"We have a responsibility of protecting that Constitution," Throckmorton told fellow lawmakers.
Quoting former U.S. Labor Secretary Robert Reich, Throckmorton warned that while the era of big government may be coming to an end, "The era of regulation through litigation is just beginning."
Other lawmakers expressed fear that rather than preserving constitutional guarantees, HB199 erodes them.
"Our founding fathers were very wise in setting up three branches of government," said Rep. Lamont Tyler, R- Holladay.
"This interferes with the legitimate functions of the judiciary," he said.
Minority Democrats fought against the bill as a knee-jerk reaction that sets a dangerous precedent in limiting access to courts in disputes with industries demanding political protection from lawsuits.
"This just doesn't make sense," said Rep. Patrice Arent, D-Holladay. "As a wise lawmaker once told me, 'If it ain't broke, don't fix it.' "
"We should recognize and respect local government officials," said Rep. Ralph Becker, D-Salt Lake City. "Let local governments do their jobs."
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"Freedom has always existed in a very percurious balance. And when buildings stop blowing up, people’s priorities tend to change..." Enemy of the State
THE SALT LAKE TRIBUNE
Utah lawmakers busily counting up tens of millions of dollars flowing into the state from the settlement of lawsuits against tobacco companies are moving to prohibit similar government suits against gun makers.
Representatives on Friday voted 47-22 for House Bill 199. The single-page bill outlaws state or city liability complaints for gun deaths or injuries against firearms manufacturers, distributors or dealers.
The only cause of action left to governments would be a breach of contract or warranty. HB199 now is headed to the Senate for consideration.
Rep. Tom Hatch, R-Panguitch, best expressed the sentiment of many of those favoring the suit-blocking proposal.
"This country is looking to blame someone for the condition we're in today," said Hatch. "It's time we took personal responsibility for our actions."
New Orleans and Chicago have led 28 American cities in bringing suits against gun makers for deaths and injuries -- though Louisiana's Legislature passed legislation similar to Utah's legislation, which would pre-empt a city's right to file suit against gun makers.
No Utah cities have lodged such complaints and new Salt Lake City Mayor Rocky Anderson has said he was not inclined to initiate such action.
Still, HB199 sponsor Rep. Matthew Throckmorton, R-Springville, said such a pre-emptive move makes sense.
He complained about courts infringing on legal business activities -- even constitutionally protected ones involving guns.
"We have a responsibility of protecting that Constitution," Throckmorton told fellow lawmakers.
Quoting former U.S. Labor Secretary Robert Reich, Throckmorton warned that while the era of big government may be coming to an end, "The era of regulation through litigation is just beginning."
Other lawmakers expressed fear that rather than preserving constitutional guarantees, HB199 erodes them.
"Our founding fathers were very wise in setting up three branches of government," said Rep. Lamont Tyler, R- Holladay.
"This interferes with the legitimate functions of the judiciary," he said.
Minority Democrats fought against the bill as a knee-jerk reaction that sets a dangerous precedent in limiting access to courts in disputes with industries demanding political protection from lawsuits.
"This just doesn't make sense," said Rep. Patrice Arent, D-Holladay. "As a wise lawmaker once told me, 'If it ain't broke, don't fix it.' "
"We should recognize and respect local government officials," said Rep. Ralph Becker, D-Salt Lake City. "Let local governments do their jobs."
[/quote]
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"Freedom has always existed in a very percurious balance. And when buildings stop blowing up, people’s priorities tend to change..." Enemy of the State