In 1985, the Maryland Court of Appeals unanimously ruled that victims of crimes committed with Saturday Night Specials can sue the manufacturers and dealers of those handguns for damages. This often discussed but rarely understood case is in the spotlight again. For the third consecutive year, a bill has been introduced to overturn Kelley v. R. G. Industries.
What does Kelley stand for? Does it protect victims' rights, impose gun control or do something else?
A thorough reading reveals that it is first and foremost a victims' rights decision.
The Kelley decision applies only to Saturday Night Specials, not to all handguns. Saturday Night Specials are cheap, poorly constructed handguns. They are useless for sport or law enforcement because they are inaccurate and often misfire or fire accidentally. However, since Saturday Night Specials are easily concealed and inexpensive, they are ideal weapons for robbers, muggers and murderers.
The decision does not take away from an individual's right to own a Saturday Night Special and use it for legal purposes. For those who believe they need a gun for self-defense, these inexpensive guns have not been banned by the Kelley decision nor have restrictions been placed on their purchase. Further, the decision clearly states that if someone uses a Saturday Night Special in self-defense or for some lawful purpose, the manufacturer or dealer will not be held liable for damages.
The court reasoned in Kelley that manufacturers and dealers of Saturday Night Specials know or ought to know that the "chief use of {their} product is for criminal activity." Maryland's common law firmly establishes that when manufacturers and dealers of an item can clearly foresee that the product they are marketing has no legitimate use and is likely to be used to harm innocent people, they are liable for the injuries caused by that product.
One of the main criticisms of the Kelley decision is that the court usurped a legislative function and made new law. This criticism ignores the many examples of well-accepted court-made tort law, such as strict liability and intentional infliction of emotional distress, which have much broader impact than the relatively narrow liability imposed in Kelley. The decision is based on recognized principles of product liability and furthers the important public policies of crime prevention and protection of victims' rights.
There is usually a short-lived public outcry against the easy availability of handguns after a public figure, such as John Lennon or Ronald Reagan, is shot. However, crime, often violent crime, is an everyday occurrence in many neighborhoods. What is surprising and very disturbing is who these criminals are. The latest National Crime Survey found that guns were present in 93,000 crimes committed by children nationwide in 1985.
People are victimized not only by assault but also by the mere fear of violence, and the results can be devastating. In 1976 a random act of violence touched my family. My father was then a member of the Baltimore City Council. At 72 he was still active, despite a heart condition. In April 1976 Charles Hopkins entered city hall and went on a shooting spree. Councilman Dominick Leoni was shot and killed, and others were injured. Although the shots missed my father, he suffered a heart attack as a result of the stress of the incident. He never completely recovered and died months later.
Like the thousands of other victims of crime, I asked myself why this had to happen. As an elected official, I asked myself how these senseless acts of violence could be stopped.
Many proposals have been considered over the years, and the Kelley decision may provide the solution. According to state police officials, this decision has resulted in fewer Saturday Night Specials being sold in Maryland.
The decision should not be overturned. -- Joseph Curran Jr. is the attorney general of Maryland.