Senate approves liability protection for gun makers
Senate Judiciary Committee Chairman Bill Gannon, R-Sandown, said SIG Sauer is one of the state's leading employers and shouldn't face lawsuits over injuries suffered because gun owners didn't realize their weapons lacked specific attachments.
'We shouldn't think of 100 different scenarios; if they are making a good product and it's safe we shouldn't let people sue them for misapplication or the right of people to not want certain items on the gun,' Gannon said.
The legislation would not apply to suits already filed, and Gannon stressed it would not prohibit any liability lawsuit brought over a gun's manufacturing defect.
Sen. Tara Reardon, D-Concord, said the Legislature shouldn't insert itself in an ongoing national legal dispute involving a popular SIG pistol.
'Plaintiffs nationwide including law enforcement have filed suit on this. Guns are inherently dangerous goods,' Reardon said. 'I agree SIG Sauer is a wonderful New Hampshire employer but this is no way to address a product's liability issue.'
The lawsuits involve SIG's P320 pistol, which plaintiffs contend can fire unintentionally without a trigger pull, leading to injuries.
The Senate voted 16-8 to add the amendment to a popular House-passed bill (HB 551) for Second Amendment supporters that would eliminate a license needed to sell handguns.
All Senate Republicans backed the amendment, while all Democrats opposed it.
The House passed the latter bill about pistols on a voice vote in March.
Gannon's amendment specifically exempts gunmakers from liability claims over the "absence or presence" of items such as a magazine disconnect mechanism, a loaded chamber indicator, authorized user recognition (such as fingerprint) technology or an external mechanical safety.
Sen. Daryl Abbas, R-Salem, said people living outside the state are bringing lawsuits in New Hampshire against SIG Sauer over this issue.
'You loaded the weapon. It must have some kind of warning that it has been loaded or the company could be sued — does that make any sense?' Abbas said.
'This is an attack on a New Hampshire company. We should support New Hampshire businesses. Let's adopt this amendment.'
Sen. Victoria Sullivan, R-Manchester, who also supported the change, is a licensed firearms instructor.
'You are the safety device for that weapon. These are mechanical instruments that can fail. It is your responsibility as a firearms owner to know your firearm, that's all this bill is saying,' Sullivan said.
Senate Democratic Leader Rebecca Perkins Kwoka of Portsmouth, who opposed the proposal, said businesses must design what they sell in a way that can withstand legal challenges.
'If you are going to design a product you should stand beyond that product. As a state government, we should get out of the way and let our businesses be run," Perkins Kwoka said.
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What's Next: The bill heads back to the House of Representatives, which must decide whether to support the amendment to a bill it badly wants.
Prospects: Second Amendment forces are strong in the House, which makes entirely possible that the membership will accept this compromise and send it on to Gov. Kelly Ayotte.
klandrigan@unionleader.com
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