Law enforcement leaders urge House to reject SIG Sauer immunity
Concord lawyer and former Supreme Court Justice Chuck Douglas is representing the group after he had originally launched a federal class-action suit regarding allegations that the pistol didn't function properly.
'Granting any community immunity is a pretty rare occurrence because the net result of it is to close the courthouse door,' Douglas said.
A federal judge denied the class-action suit and instructed Douglas to file individual cases against the gun manufacturer.
To date, there have been 120 such cases brought in the Granite State over the P320, Douglas said.
At issue is the P320's lack of a mechanical safety on many versions. Plaintiffs have claimed that without a safety, the pistol has a tendency to fire on its own. SIG Sauer has contended that the lack of a safety is a known feature of the P320 and that user error is responsible for the shootings.
The legislation exempts gunmakers from liability for the "absence or presence" of a safety or other features.
In an op-ed provided to the Union Leader, law enforcement officials contend the pistol has been 'mired in controversy' since its introduction in 2014. The signers included police officials from 14 states, the District of Columbia and Puerto Rico.
The suits alleged that after a misfiring problem was discovered, SIG Sauer changed the pistols supplied in a Department of Defense contract for the military but continued selling what the suit claimed were 'defective' guns for months until a national gun retailer notified the national media.
'In conclusion, we urge lawmakers to reject proposals that seek to grant immunity based on a single manufacturer's request and based on a single gun — the P320 pistol — that has placed law enforcement officers and the general public at risk and unnecessarily harmed many,' the police officials said.
'By opposing immunity for SIG Sauer, we in law enforcement uphold our duty to protect and serve, both on the streets and in our communities."
Proposal emerged without public hearing
Robert Zimmerman was the lead lawyer who sued SIG Sauer and won a judgment in Pennsylvania.
'SIG Sauer should focus on changing the defective design of its P320. Instead, SIG Sauer is paying lobbyists to change New Hampshire law to deprive local, state and federal law enforcement officers and private gun owners from having their day in court and to hold SIG Sauer accountable for their serious injuries,' Zimmerman said in a statement.
'Injured law enforcement officers are the ones most disproportionately harmed by SIG Sauer's attempt to change the law to give itself immunity; that is simply un-American.'
The state Senate earlier this month approved the measure on a 16-8 party-line vote, with all Republicans in support and all Democrats against it.
Senate Judiciary Committee Chairman Bill Gannon, R-Sandown, said the immunity was limited to optional features of the weapon and would not prevent a lawsuit over any gun's manufacturing defect.
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.
'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?' asked Sen. Daryl Abbas, R-Salem, who is a criminal defense lawyer.
Gannon brought the proposal before the full Senate as a floor amendment that never had a public hearing.
The change was added to a popular House-passed bill (HB 551) that would eliminate a license needed to sell handguns.
+++
What's Next: The House of Representatives will consider in the coming week or so whether to agree with the amendment, reject it and seek a conference committee to resolve differences with the Senate or kill the bill outright.
Prospects: Hard to tell. The House has a very strong contingent of pro-gun-rights legislators but in the past has been loath to support other legislation to grant sweeping immunity from liability for other industries.
klandrigan@unionleader.com
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