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US

New York gun lawsuit deliberations resume

GUNS


In this story:

The allegations

The defense

What's on the line

Atlanta lawsuit shot down

RELATED STORIES, SITES



February 9, 1999
Web posted at: 8:29 p.m. EST (0129 GMT)

NEW YORK (CNN) -- Jurors trying to decide whether handgun manufacturers should be held liable for gun violence began their fifth day of deliberations Wednesday despite twice telling the judge they were deadlocked.

 ALSO:

In a note Tuesday to U.S. District Judge Jack Weinstein, the panel said, "We are all very upset. We are starting to fight. We can not [sic] reach a decision. We are emotionally drained & some of us feel physically ill."

The judge sympathized with their mental state and allowed them to break early for the day, but he rejected their contention that they were hopelessly deadlocked in the closely watched civil trial.

"I don't want to make light of it, but you're not being relieved at this point. Everyone has invested too much in this case for you to throw up your hands prematurely," the judge responded.

In that same note jurors also asked the judge for "more direction" and to clarify a charge which says the panel's findings must be "unanimous" on the burden of proof.

Weinstein told them that "burden of proof lies with the plaintiffs" and that it would be inappropriate for him to guide their deliberations on that point.

The allegations

The plaintiffs in the month-long trial are family members of seven shooting victims, only one of whom survived. The families sued gun makers, accusing them of irresponsible manufacturing and distributing practices.

The plaintiffs alleged that handgun manufacturers glutted the markets of Southern states that have more lenient laws. They asserted that 45 percent of guns recovered in New York came from Florida, Georgia, North and South Carolina and Virginia.

They also claimed those black-market weapons eventually landed in the hands of criminals and kids.

"The evidence clearly showed that the underground market is fueled by the handgun industry," Denise Dunleavy, lawyer for the plaintiffs, said at the conclusion of the trial.

The defense

Attorneys for more than 25 gun manufacturers said there is no evidence of that charge. They claim they distribute guns to licensed distributors and fully comply with Bureau of Alcohol, Tobacco and Firearms laws.

They also say it is unfair to hold the manufacturers responsible for what a criminal does with a gun.

"A manufacturer of a legal product does not control criminals who misuse their products," defense lawyer John Renzulli said after closing arguments. "GM (General Motors) doesn't control people who get drunk and drive and harm someone."

After the jury deadlocked, Timothy Bumann, who represents three of the gun makers, said, "This shows the plaintiffs have never proved their case."

What's on the line

The plaintiffs are suing on behalf of the shooting victims for millions of dollars for pain and suffering and lost income-earning potential. The families also asked to be reimbursed for funeral costs.

Jurors were told to consider if the defendants' marketing or distribution of handguns was negligent, and if the plaintiffs' deaths were caused by said negligence.

The trial is being watched by other municipalities, who may be considering similar lawsuits against the gun industry. So far, only Chicago and Cook County, Illinois, have filed suits based on the marketing and distribution practices of gun makers.

Some cities have filed lawsuits alleging that gun manufacturers have failed to make guns with adequate safety features.

In related developments:

  • Atlanta's lawsuit targeting the gun industry was thwarted on Tuesday when Gov. Roy Barnes signed into law a bill that makes Georgia the first state to prohibit its cities and counties from taking gun makers to court.

    The move capped two weeks of lobbying by the National Rifle Association aimed at undermining legal challenges mounted by several cities -- including Atlanta -- to recover the costs of gun-related violence.

    The new law prohibits any Georgia city or county from filing product liability suits against the firearms industry, reserving that right to the state.

    Atlanta Mayor Bill Campbell calls the law unconstitutional and says the city plans to pursue its suit, filed last week, which accuses 17 gun makers of negligently designing firearms with inadequate safety devices and warnings.

  • New Orleans' controversial gun swap program with Glock Inc. has been suspended pending an investigation into whether illegally modified weapons have been shipped to the gun maker.

    Under a deal revealed last month, the city sent weapons confiscated from criminals to Glock in exchange for new police weapons. The confiscated guns were not to be resold in Louisiana, and weapons without serial numbers or illegal modifications had to be destroyed.

    But Mayor Marc Morial suspended the deal on Tuesday "until we can determine whether there have been any violations or wrongdoing by (New Orleans police) or Glock representatives in trading weapons that should have been destroyed," he said.

    The investigation will also look into unconfirmed reports that some guns have made their way back to the state.

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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