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OKLA. STEPS UP TO THE PLATE AGAIN


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Oklahoma: Firearms Manufacturer Liability Protection Goes to Governor for Signature line.gif

Today, the Oklahoma Senate unanimously passed House Bill 1004, authored by state Representative T.W. Shannon (R-62) and state Senators Brian Bingman (R-3) and Anthony Sykes (R-24). This bill passed in the state House of Representatives by a 92-0 vote on September 5.

HB 1004 contains critical protections against attempts to bankrupt the American firearms industry through bogus lawsuits that would threaten the availability of firearms to consumers. This legislation would provide that lawsuits may not be brought against manufacturers, distributors or sellers of firearms if such suits are based on criminal or unlawful use of the product by a third party. However, these protections would not apply to actions arising from the unlawful sale or transfer of firearms, or to instances in which the transferor knew, or should have known, that the recipient would engage in the unlawful sale or transfer of the firearm, or would use, or purposely allow the use of, the firearm in an unlawful, negligent or improper fashion.

The language in HB 1004 was originally passed in 2009 as a section of House Bill 1603, which dealt broadly with tort reform and was law in Oklahoma until this June when the Oklahoma Supreme Court struck down HB 1603 for violating the state constitutional requirement that a bill can have only one subject, not multiple. Governor Mary Fallin ® called the state legislature into special session to restore the reforms in the original HB 1603 by introducing each subject as separate bills.

This legislation will now go to Governor Fallin for her signature. If signed into law, this legislation will take immediate effect. The NRA thanks all state Senators and Representatives who voted for this critical protection of the Second Amendment.

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I think most states have a law similar to this. I know it is very common to prohibit a person engaged in unlawful activity from suing as a result of that activity.

It only makes sense to hold businesses and the public harmless when crooks do something stupid.

As far as a "struggling industry" goes, gun dealers and manufacturers have never before seen such good times. Business is booming and the industry is one of the most lucrative and fastest growing in any sector. No need to worry about those struggling arms manufacturers. This is all about dumb criminals filing lawsuits and has nothing to do with the second amendment or gun rights.

They recently passed a similar law here to protect companies who offered space travel for passengers. That way people could not sue if a space vehicle crashed on takeoff or re entry. Instead of the Aerospace outfit who is making the money being responsible for paying the damages the taxpayer does.

So the taxpayer funds aerospace research. They also fund the building of the Spaceport and to lure aerospace companies to the area. And when a rocket crashes they foot the bill for the damages. So these types of legislation are just peachy for industry and corporate interests. But when one entity becomes immune to lawsuit the focus is directed to the State and the working class has some more money witheld from their paycheck.

A real win/win situation for everyone...except you and me.

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