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Advocates Disheartened by CO Senator's Backing of Gunmaker Suit Limits

August 19, 2005

Colorado Democratic Sen. Ken Salazar is wholeheartedly backing a ban on lawsuits against gun manufacturers and sellers by crime victims, leaving gun-control advocates in the state feeling betrayed and gun-rights forces pleased.

Salazar has joined nine other Democrats and 51 Republicans in co-sponsoring the gun-lawsuit ban. Fourteen Democrats voted yes on the bill; 29 voted no. The Democratic support assured passage of the measure on a 65-31 vote. Colorado Republican Sen. Wayne Allard also voted yes. The House has not yet acted on the legislation but approved a similar measure last year.

"I was floored," Tom Mauser, president of Colorado Ceasefire Capital Fund, said of Salazar's vote. "It's especially hurtful to me because I have defended Ken Salazar to people." Mauser, whose work on gun issues was spurred by his son Daniel's death in the 1999 Columbine High School massacre, said Ceasefire members expect to confront Salazar about the bill when he holds a town meeting in Colorado. "I have heard from a number of our supporters that they're not going to support him anymore. They feel betrayed," Mauser said.

Salazar supported gun-control measures as state attorney general in the wake of the Columbine High shootings. He grew up with guns on a ranch and drew crucial support in his Senate campaign from rural areas of Colorado, where gun rights are popular. Salazar called the gun bill "common-sense legislation" and said calls to his office have been overwhelmingly in support. "Guns are lawful products, just like my 1994 Ford Ranger pickup truck," Salazar said. "If someone uses my Ford Ranger pickup truck in a criminal activity, I don't think Ford should be held responsible."

The National Rifle Association said the ban is needed because groups are trying to shut down the gun industry with lawsuits even though its products are legal. "The American public does not believe the maker of a product should be sued if a criminal misuses it," said Chris W. Cox, the NRA's chief lobbyist.

Opponents say the bill offers special protections given to no other industry. Mauser said Salazar's Ford- truck analogy is incomplete. "What if a Ford dealer sold a Ford truck to a guy who was obviously intoxicated and the man went out and killed somebody?" Mauser asked. "Should he be held responsible for handing over the keys? Yes."

The measure does not bar product-liability lawsuits against gunmakers if a weapon malfunctions, backers said. Allard's support of the bill surprised no one, since he has consistently opposed gun-control legislation. With 50 Republicans voting for the bill, supporters needed Democratic senators such as Salazar to avoid a filibuster. Having Democrats listed as co-sponsors before the bill came up for a vote signaled strong support.

Since taking office in January, Salazar has angered his party's liberal wing several times by siding with Republicans. The gun-lawsuit bill was not a major issue in the Senate election last year, but Salazar described himself as pro-gun- rights in the campaign and said he did not support an assault- weapons ban as it had been written into law. As attorney general, Salazar said he would defend Gov. Bill Owens and Colorado against a suit by the city of Denver charging that state laws overruling Denver's gun ordinances were unconstitutional.

Still, the NRA backed his opponent, Republican Pete Coors, contributing nearly $10,000 to the Coors campaign. But the group never criticized Salazar. "Sen. Salazar has been willing to listen to the concerns of gun owners in his state," Cox said. "And we appreciate his support on this bill."

Yet gun-control advocates say voting with the gun lobby won't help Salazar with gun-rights groups down the road. Pete Hamm of the Brady Campaign to End Gun Violence noted that Sen. Mary Landrieu, D-La., supported similar legislation, "then (gun-rights groups) did everything in their power to try to kill her politically. It will be interesting to see how nice the NRA is to Salazar when he's up for re-election."

Salazar said he knows some will be angered by his vote, but he says the middle line he has charted is in keeping with what he told voters. "I do the best I can to represent the wishes of the people of my state," Salazar said. "I'm comfortable where I am."