Handgun Makers and Sellers Ruled Liable in Attacks

People who make or sell small, cheap handguns should know the weapons are used mainly by criminals and therefore can be sued by victims shot in criminal attacks with the so-called Saturday Night Specials, Maryland’s highest court ruled Thursday.

The unanimous Court of Appeals decision was the first in the nation to hold that the manufacturer or marketer of a handgun is liable for damages simply because the weapon is eventually used by a criminal to wound or kill.

The decision was hailed by gun foes as a major victory in their protracted battle to halt the sale of handguns in the United States.

‘Very Bad Decision’

But National Rifle Assn. spokesman Dave Warner called the ruling a “very bad decision” that could take away a cheap self-defense weapon from people who cannot afford expensive guns to protect themselves and their homes.

The ruling applies only to Saturday Night Specials and not to better quality, more expensive handguns. It also applies only in Maryland, although spokesmen on both sides of the gun control issue said it could influence rulings in similar cases in other states.

The liability question reached the Court of Appeals in a case filed by Olen J. Kelley of Silver Spring, who was shot in a 1981 holdup of a supermarket in the suburbs of Washington, D.C.

Kelley, who recovered from wounds in the chest and shoulder, sued Rolm Gesellschaft, a West German firm that designed and marketed the weapon that was used to shoot him.

Court’s Ruling Asked

Before considering Kelley’s lawsuit, the U.S. District Court in Baltimore asked the state court for a ruling on whether the manufacturer could be held liable.

The 7-0 state opinion by Judge John C. Eldridge said that because of “cheap quality materials, poor manufacture, inaccuracy and unreliability,” Saturday Night Specials are “virtually useless for the legitimate purposes of law enforcement, sport and protection of persons, property and businesses.”

The court said “the manufacturer or marketer of a Saturday Night Special knows or ought to know that he is making or selling a product principally to be used in criminal activity.”

Josh Sugarman, of the National Coalition to Ban Handguns, said the ruling creates “a whole new ball game for us” in trying to stop the production of handguns.