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Kaine pushes to hold gun makers, dealers liable

Taking aim at gun-makers and dealers, Virginia Senator Tim Kaine, and several other lawmakers, are pushing to repeal a more than decade-old law they say shields the gun industry from liability.

Proponents call it the "Equal Access to Justice for Victims of Gun Violence Act."

The measure is designed, they say, to ensure that the gun manufacturers, sellers and interest groups are not shielded from liability when they act with negligence and disregard for public safety.

Kaine and Senators Richard Blumenthal and Chris Murphy's bill would repeal the 2005 Protection of Lawful Commerce in Arms Act; a companion measure  in the House of Representatives was introduced by Rep. Adam Schiff.

"Gun manufacturers should be subject to same safety standards, accountability standards that other industries are, and they should be based on state law, not a federal sweetheart deal that makes them unaccountable and that other manufacturers and other industries have to follow," said Kaine.

The nation's largest gun rights advocacy group, the National Rifle Association, opposes the bill, saying it is false that there is any blanket immunity, contending that manufacturers can be sued for negligent design, and dealers can be sued for knowingly selling a gun to a prohibited person.

"They're talking about suing the manufacturer for the illegal use of a product," said Lars Dalseide, NRA spokesman. "It would be like suing Ford  when a drunk driver hits a pedestrian. It's not the manufacturer or dealer that's at fault. It's the person who's actually committing the act."

Kaine acknowledged getting the bill passed will be difficult. He said, "The chance of this passing is slim because Congress has proven unwilling to even embrace reasonable rules that the public supports, but that doesn't mean we shouldn't keep trying.