Davis Signs More Curbs on Gun Makers

In a major triumph for victims of gun violence, Gov. Gray Davis on Wednesday signed twin pieces of legislation allowing manufacturers of firearms to be held liable for harm their products cause.

The measures repeal a special exemption created for gun makers by the Legislature in 1983. They also overturn a 2001 state Supreme Court ruling upholding that law.

Supporters called the governor’s action a stinging setback for the firearm industry because it will permit victims of violence to sue for negligence.

“When companies deliberately put people in danger by their irresponsible and negligent conduct, they need to be held accountable,” said Sarah Brady, whose husband, James, was disabled in the 1981 assassination attempt on President Reagan. “California is leading the country once again, [becoming] the first state to repeal special immunity for the gun industry.”

Davis said the bills will give victims their “day in court,” ending an era in which the gun industry was “allowed to hide from its own harmful conduct.”

“Current laws shield a gun manufacturer from its own negligence,” he said in a conference call with reporters. “These new laws strip away that shield.”

Predicting an outcry from the firearms industry, Davis said the bills hold gun makers to the same standard “of good conduct that we hold all businesses in this state.”

A spokeswoman for the National Rifle Assn. called the law a substantial blow to the gun industry. She said it would allow “greedy trial lawyers” to bankrupt gun makers by forcing them to fight what some predict could be a flood of lawsuits.

“The focus of any effort to curb violent crime ought to be on the criminal and not on a lawful industry,” the spokeswoman, Kelly Whitley, said from NRA headquarters in Fairfax, Va. “We don’t see lawsuits against Ford [Motor Co.] because someone drives drunk and kills somebody.”

Supporters of the law challenged that analogy, arguing that some gun makers design and promote their products to appeal to criminals. Specifically, they cite the episode that gave rise to last year’s Supreme Court decision--a 1993 shooting rampage at a San Francisco office tower.

Armed with a pair of semiautomatic pistols capable of firing 32 rounds apiece without reloading, Gian Luigi Ferri killed eight people and wounded six in the attack. As police closed in, Ferri killed himself.

Relatives of the victims sued, alleging that the manufacturer of Ferri’s TEC-DC9 pistols, Navegar Inc., aimed its advertising at people attracted to violence. In a brochure to retailers, Navegar said its weapons “are as tough as your toughest customer.” One ad said the weapon was resistant to fingerprints.

The Supreme Court threw out the case, citing the 1983 law granting immunity to gun makers.

On Wednesday, two plaintiffs--whose husbands were killed in the rampage--said that although their case is over, the new law will aid future victims.

“We have no further action we can take, but the gun sellers will be held accountable now,” said Marilyn Merrill of San Francisco. “This is an awesome thing for us.”

Despite the state law, two bills pending in Congress would create a new, federal immunity shield for gun manufacturers, preempting California’s action.

Davis sent a letter to the chairman of the House Energy and Commerce Committee, expressing his concern, but late Wednesday the committee passed the House version of the bill.

Davis’ signing of the gun control measures--carried by Sen. Don Perata (D-Alameda) and Assemblyman Paul Koretz (D-West Hollywood)--caps a trend he set early in his term, when he approved limits on assault weapons and the sale of so-called Saturday night specials.

Since then, the governor has signed measures limiting gun purchases to one a month, requiring that safety locks be installed, and requiring that handgun purchasers receive a license and prove that they can handle a weapon, said Luis Tolley of the Brady Campaign to Stop Gun Violence.

“California has enacted more strong gun laws in the last four years than all the other states combined,” Tolley said.

Davis’ Republican opponent, Bill Simon Jr., said he would have vetoed the measures Davis signed Wednesday. “I don’t think it’s appropriate to hold a manufacturer liable for something they did not have control over,” he said.

Simon said that he supports current gun-control laws, including trigger locks, but that he would not back additional measures.

Other gun-related bills signed by Davis on Wednesday will:

* Assist cities suing gun dealers in obtaining data about the transfer and sale of firearms. Now, such information is compiled by the state but can be used only for law enforcement purposes (SB 1490 by Sen. Don Perata, D-Alameda).

* Permit state law enforcement officials to conduct spot checks of handguns in gun stores to determine whether they meet safety standards. Gun makers now send their wares to labs for such inspections (AB 2902 by Koretz).

* Require that gun dealers check with the Department of Justice before shipping firearms into California to ensure that the recipients are legitimate dealers (AB 2080 by Assemblyman Darrell Steinberg, D-Sacramento).

Also Wednesday, Davis signed 14 measures dealing with the growing problem of identity theft. Those and other bills signed include:

* A measure that helps people whose names were fraudulently used by suspects in criminal cases. AB 1219 by Assemblyman Joe Simitian (D-Palo Alto) lets the court clear up the confusion over the names, without requiring the victim to hire a lawyer and start legal proceedings.

* A bill requiring credit reporting agencies to give identity theft victims the right to block fraudulent information and get a free copy of their credit reports once a month for a year to monitor their financial information (SB 1239, by Sen. Liz Figueroa, D-Fremont).

* A measure requiring state agencies that maintain computerized data to disclose any breach of security that includes personal information. The bill, SB 1386 by Sen. Steve Peace (D-El Cajon), notifies consumers if their personal or financial information was accessed by unauthorized individuals.

A bill designed to protect Californians who live near active nuclear power plants from accidental radiation exposure. AB 2067 by Assemblyman George Nakano (D-Torrance) requires state health officials to oversee the distribution of potassium iodide tablets to those who live, work or attend school near a plant.

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Times staff writer Matea Gold contributed to this story.