Indiana Supreme Court lets suit against gun makers go forward

Indiana Supreme Court lets suit against gun makers go forward

gunmakers

From the Indianapolis Star:

A nearly decade-old lawsuit seeking to hold gun makers responsible for the city of Gary's rampant crime received a green light Monday to head to trial.

The Indiana Supreme Court declined to review a lower court ruling, ending the second round of appeals since the case was filed in 1999. Gary's suit alleges that 16 gun makers, including Smith & Wesson and Beretta, and six Northern Indiana gun dealers sold handguns they knew would get into the hands of criminals barred from owning them.

The court's order let stand an October 2007 Indiana Court of Appeals ruling that the federal Protection of Lawful Commerce in Arms Act didn't bar the suit from proceeding. Congress approved the measure in 2005 to provide some immunity to the firearms industry from such suits.

The Brady Center to Prevent Gun Violence, whose lawyers represent Gary, hailed the state high court's decision, called a denial of transfer.

"The Indiana Supreme Court's ruling is an important victory for the people of Gary and particularly those who have suffered from the gun industry's supply of guns to criminals and gun traffickers," Paul Helmke, president of the Washington-based Brady Center and a former Fort Wayne mayor, said in a statement Monday.

Attempts to reach attorneys for the gun manufacturers Monday night were unsuccessful.

Before the Court of Appeals ruled, gun makers had countered that the federal law was aimed directly at lawsuits such as Gary's; it was even mentioned by name during debate in Congress. . . . .

NY City lawsuit against gun makers is thrown out

NY City lawsuit against gun makers is thrown out

gunmakers

It is about time that this got thrown out, though I am sure that it accomplished imposing a large cost on the gun makers:

A U.S. federal appeals court on Wednesday dismissed a lawsuit filed by New York City against gun makers the city targeted in a bid to stop the flow of illegal weapons.

The 2nd U.S. Circuit Court of Appeals rejected the city's claims against the manufacturers and wholesale sellers of firearms, ruling a federal law granted them immunity. The decision overturns a lower court ruling.

The city claimed firearms makers and suppliers marketed guns to legitimate buyers knowing those guns would end up in illegal markets. It argued manufacturers should be required to ensure guns did not end up in illegal hands, including monitoring the activities of the dealers they sold to.

But in a 2-1 decision, the panel of three judges ruled that the gun suppliers did deserve immunity under the Protection of Lawful Commerce in Arms Act, a federal law passed in 2005 to prevent firearms manufacturers and dealers from being held liable for crimes committed with their products.

"Congress clearly intended to protect from vicarious liability members of the firearms industry who engage in the 'lawful design, manufacture, marketing, distribution, importation or sale' of firearms," the appeals court said. . . . .

Thanks to Gus Cotey for sending me this link.

DC lawsuit against gun companies is dismissed

DC lawsuit against gun companies is dismissed

GunControl gunmakers

The Second Amendment Foundation released this press release:

The Second Amendment Foundation today applauded the unanimous ruling by the District of Columbia Court of Appeals that dismissed a lawsuit against 25 gun manufacturers filed by the district and families of nine gun crime victims in the city.

The lawsuit was filed in January 2000, but according to the opinion written by Associate Judge Michael William Farrell, the Protection of Lawful Commerce in Arms Act of 2005 required the court to dismiss the case.

SAF founder Alan Gottlieb said the ruling was proper, and recalled that it was municipal lawsuits like this which led to passage of the federal legislation in the first place. At one time, several cities filed a string of junk lawsuits against gun makers, and SAF actually filed counter suits against big city mayors who launched the legal attack. SAF was not a participant in this litigation. . . .

Smith & Wesson making money

Smith & Wesson making money

gunmakers

Well, at least one gun maker's fortunes are improving. Forbes notes:

On a day when most stocks nose-dived, gun manufacturer Smith & Wesson (nasdaq: SWHC - news - people ) shot up 5.09%, or $1.02, to $21.06 on Friday.

On Thursday, the company reported record earnings of $74.4 million for the quarter ending July 31, and raised its guidance for the remainder of the 2007 fiscal year. Analysts attributed the gun maker's recent success to its product line expansion.

“Smith & Wesson has done a phenomenal job moving beyond the handgun market to include long guns like rifles,” said Eric Wold of Merriman Curhan Ford & Co. . . .