by California Attorney, Robert B. Beauchamp
rbb@beauchampfirm.com
August 18, 2001
State Senator Don Perata has introduced legislation seeking to strip gun
manufacturers of the so-called "special exemption" they allegedly
enjoy in fending off litigation involving their products.
Mr. Perata plans to amend a pending bill (SB682) to effect a repeal of
California Civil Code Section §1714.4 on which the California Supreme Court
recently relied, in part, to bar a lawsuit by the families of victims of gun
violence against a gun manufacturer. As most of us know by now, some years ago a
psychopathic killer used the manufacturer's gun to murder several people in a
San Francisco law office before himself committing suicide. The Lawyers for the
families of the victims of this horrendous crime argued before the Supreme Court
that the manufacturer of the weapon in question should be liable to the victims'
families because the weapon was advertised to be particularly reliable, to be
resistant to corrosion (the lawyers argued that the gun was advertised as
resistant to fingerprints but that appears nowhere in the advertising) and have
a high rate of fire. Oh, and by the way, there was no evidence that the psycho
who committed the crime ever saw the advertising or acquired the weapon because
of these alleged features.
Mr. Perata's goal is to repeal a statute holding that no firearm or
ammunition is "defective in design" simply because it is used by a
criminal to do harm.
Does the fact that the very statue in question states that it was intended
solely to clarify existing law demonstrate Mr. Perata's dishonesty (apparently
no one uses the word "lie" anymore, too judgmental) in asserting that
firearms are "the only product" that enjoys the alleged
"exemption"? Perhaps. But Mr. Perata, the master of gun-control
demagoguery will not be dissuaded by logic, reason or facts. Why not? Because
like most politicians, he is also the master of hypocrisy. Along with
celebrities like Robert Blake, Mr. Perata is the holder of one of those rare
California concealed weapons permits that, in most counties, are issued solely
to celebrities, politicians, donors and friends of sheriffs and chiefs of police
to allow these Brahmans to protect themselves from the unwashed masses - that's
you and me. Like most politicians, Mr. Perata is unwilling to live the life he
would impose on the peons who elected him.
If, as Mr. Perata would have us believe, gun manufacturers are the
"only" beneficiaries of this so-called exemption, I wonder why we have
not seen lawsuits by those victimized by "killer cars" advertised to
do "0-60 in 5.5 seconds flat," "corner like cats" and leave
those slow, safe cars in the dust. Why haven't we seen lawsuits by victims of
Ginzu knives that slice and dice like there's no tomorrow and, by the way, bear
the same "fingerprint resistant" handles that were on the gun in
question. What about those ninja motorcycles marketed to those daredevil kids
weaving in and out of traffic while I sit on the 405. Hey, and while were at it,
what about those skateboard, roller blade and bicycle ads that demonstrate
fantastic feats of aerobatics, showing apparently average children pirouetting
through the sky with no fear of the mayhem that awaits the average user who
might attempt such stunts.
Alas, like all liberals, Mr. Perata would happily trade all of our individual
liberties (not his own, of course) for complete safety in all things. Mr. Perata
seems actually to believe that he can eliminate future harm of the kind that
deranged individuals have inflicted upon others since time immemorial with just
one more little infringement on individual liberty.
Well, Mr. Perata, go ahead and give up your concealed weapons permit and show
us all the way to peace in our time. (The author confirmed by telephone on
August 17, 2001, through Mr. Perata's office in Sacramento that he continues to
hold a concealed weapons permit.)
Robert B. Beauchamp
The Beauchamp Firm, a law corporation
1301 Dove Street Suite 950
Newport Beach, California 92660
Telephone: 949-660-0010
