How is it that Justice Kathryn M. Werdegar, who was appointed by Pete Wilson, a Republican, was the only justice who dissented? She even called it a "semiautomatic assault weapon"
She writes:
"Plaintiffs’ claim of negligence is, at bottom, that defendant Navegar, Inc. (Navegar) acted without due care in distributing the TEC-9/DC9 -- a semiautomatic handgun combining portability and ease of use with an extraordinary rapidity and capacity for lethal firepower -- to the general civilian public rather than restricting its sales to police and military units that might have a legitimate call for such a military-style assault pistol. Plaintiffs do not claim that the TEC-9/DC9 is defective; nor do they even claim that defendant acted negligently simply by making the TEC-9/DC9. Plaintiffs allege negligence, rather, in Navegar’s selling that firearm on the general civilian market knowing it would attract purchasers likely to misuse it, rather than restricting sales to buyers with a lawful use for the tools of assaultive violence, such as police and military units."
"Indeed, the evidence presented on summary judgment in this case demonstrated that Navegar’s management not only should have known, but actually did know, that the technical and aesthetic characteristics of the TEC-9/DC9, together with its price, the manner of its promotion, and Navegar’s instructions for its use, attracted criminal and mentally ill segments of the civilian gun market, foreseeably leading to the kind of mayhem that has produced this lawsuit.”
“Other than duty, the only element of the negligence cause of action on which defendant claims entitlement to summary judgment is cause in fact. I would hold that plaintiffs have presented substantial evidence, creating a triable issue of fact, that Navegar’s distribution of the TEC-9/DC9 on the general civilian market increased the risk and degree of harm to plaintiffs."
"The gun’s paramilitary look, in which the barrel shroud is a prominent feature, makes it and similar guns especially intimidating, an aesthetic feature Supenski notes is “not lost on certain criminals, gang members, drug dealers, and some with psychological problems.”
“...the evidence presented on summary judgment in this case tended to show that the TEC-9/DC9 is designed to engage multiple targets at close range during rapid, sustained fire, making it, to quote Chief Supenski, well suited to combat with “multiple adversaries in close quarters.” Military and some police users (e.g., SWAT units) have a legitimate need for weapons with this capacity for assaultive violence. The civilian public does not. The evidence also tends to show that a significant segment of the gun-buying public purchased TEC-9/DC9’s for violent misuse and that Navegar executives knew or should have known that sales to the general public created a significant risk of violent misuse.”
Her agenda is very clear.