Privacy Notice

Statement of Senator Dianne Feinstein
Opposing Legislation to Give Gun Industry Blanket Immunity

July 16, 2003

Washington, D.C. "I strongly oppose legislation that would give the gun industry blanket immunity from civil liability cases – an immunity that no other industry in America has. Under this legislation, gun dealers would have almost complete liability protection -- even when they act negligently and sell guns to perpetrators who they know, or should know, will use those guns in crimes.

The most common sources of crime guns are:

  • Straw purchases – where someone who could not otherwise obtain a gun uses a friend or relative with a clean record to purchase a weapon;
  • Large volume sales – where a person obtains multiple guns in a single transaction; and
  • Phantom purchases – where a dealer has no record of a gun sale, because in all likelihood the gun was purchased under-the-counter with cash and no background check.

The vast majority of gun dealers in America are ethical and will not engage in these practices. However, there are a few who will. And these dealers know that weapons purchased in this manner will likely end up on the street and used in a crime.

Under current law, victims of crimes using guns obtained in such a manner can sue the dealers for negligence. This allows them to gain some compensation for their injuries and serves as a deterrent to unethical gun dealers.

Being allowed to sue does not guarantee victory - but it does give victims a fighting chance against the worst gun dealers. But if the NRA gets its way, victims will not be able to hold these gun dealers accountable for their actions. This cannot be allowed to happen. The deterrent effect of these lawsuits is made even more important by the lack of any real law enforcement threat to bad dealers. The ATF has its hands tied by restrictive gun laws and limited resources, and as a result few bad gun dealers are ever sanctioned in a meaningful way.

Today, we have learned about a few of the most irresponsible gun dealers. California, unfortunately, has two of the worst – Trader Sports in San Leandro and Turners Outdoorsman in Chino. Trader Sports, in fact, sold 337 guns traced to crime between 1988 and 1996, and 181 of those guns had a short time to crime. (ATF)

Here are the facts. Guns sold by Trader Sports were involved in:

  • at least 27 homicides;
  • 26 assaults;
  • 2 robberies; and
  • 282 additional gun crimes.

The dealer also sold at least 3,091 handguns in multiple sales, and ATF could not account for at least 6 guns traced to the store. This is quite a record, and demonstrates that this is not a fluke – the owners of the store are showing a deliberate disregard for the life and property of those who live in the area.

The story is virtually the same at Turners Outdoorsmen in Chino California. This dealer sold more than 251 guns traced to crime between 1988 and 1996, and 148 of those guns had a short time to crime. (ATF)

The guns were involved in:

  • At least 10 homicides;
  • 31 assaults;
  • 4 robberies; and
  • 206 additional gun crimes.

The dealer also sold at least 144 handguns in multiple sales, and ATF could not account for at least 7 guns traced to the store.

The NRA’s legislation, however, would put a stop to any suits against Traders Sports or Turners Outdoorsmen, or any of the irresponsible stores that we have heard about today. The Senate must stand up to the NRA and ensure that negligent gun designers, manufacturers, and dealers can be held accountable for their actions."

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