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Jury in U.S. gun maker case asks for documents

graphic

February 5, 1999
Web posted at: 8:58 p.m. EST (0158 GMT)

NEW YORK (CNN) -- The 11-member jury in a groundbreaking case over whether gun makers can be held liable for violence asked to review more documents during the second day of deliberations Friday. Shortly afterward, the judge agreed to dismiss the jurors for the weekend.

The two men and nine women requested a 1989 Smith & Wesson Corp. marketing study in which gun store owners complained that some licensed firearms sellers do business out of their cars or kitchens, avoiding certain restrictions placed on stores.

Plaintiffs' lawyer Denise Dunleavy said the study was "the hottest document in the case," and said she interpreted the request as a positive sign the jury was closely examining the plaintiffs' arguments.

However, an attorney for the manufacturers, Anne Kimball, said the Smith & Wesson document was not of major significance. It is "an old survey of 20 dealers complaining about each other," she said, and added that it has "very limited applicability here."

After getting the case Thursday, the federal jury asked to hear again the testimony from an agent of the U.S. Bureau of Alcohol, Tobacco and Firearms. The agent testified that handguns are fairly easy to obtain illegally at gun shows.

The jury is being asked to decide whether gun manufacturers should be held responsible for an oversupply of firearms. Families of seven shooting victims filed the lawsuit five years ago.

"We feel we've been victorious in just getting the case to trial," said Freddie Hamilton, a plaintiff and the mother of one of the victims.

Lawyers for gun manufacturers said in closing arguments Wednesday that their clients can't control the illegal flow of guns and can't stop criminals from pulling the trigger.

Atlanta becomes latest city to fire suit

Atlanta filed suit against 15 gun manufacturers and two trade associations Thursday, joining four other U.S. cities in seeking damages for crime, deaths and injuries involving handgun use.

Campbell
Atlanta's Mayor Bill Campbell announced Thursday that the city had filed suit against 15 gun manufacturers and two trade associations  

"Today we act to hold faceless companies accountable -- companies that create instruments of destruction -- for their failure to make products safer and to warn of their inherent dangers," Atlanta Mayor Bill Campbell told a news conference.

At the same time, the state Senate debated whether to bar Georgia cities from suing firearm manufacturers.

The bill before the state Legislature would prohibit Georgia cities and counties from bringing civil suits against gun manufacturers but affirm the state's right to file such lawsuits.

Reuters contributed to this report.


RELATED STORIES:
Gunmaker negligence trial in jury's hands
February 3, 1999
New Orleans under fire for gun swap with Glock
January 29, 1999
Shooting victims' suit against gun industry opens in New York
January 6, 1999
Two more cities sue gun manufacturers
January 27, 1999
U.S. mayors' group pushing for gun violence law
January 28, 1999

RELATED SITES:
Bureau of Alcohol, Tobacco and Firearms
National Rifle Association
Smith & Wesson
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