Supreme Court refuses to hear case of NYC suing gun manufacturers

[Little-Acorn]

Tort Reform would be nice. But tort reform one case at a time, works too.

I guess this means you can't sue Farberware next time someone stabs you with a knife, and can't sue Ford when someone runs over you with a car, too.

Aw, damn.

It's getting so that our courts will have to hear only the sensible cases that have actual issues at stake. What's the world coming to?

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http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/03-09-2009/0004985469&EDATE

Supreme Court Closes the Book on New York City's Lawsuit Against Gun Makers

Court Also Rejects DC/Lawson Case

NEWTOWN, Conn., March 9 /PRNewswire-USNewswire/ -- Putting an end to nine years of litigation, the U.S. Supreme Court refused to hear New York City's request to continue a lawsuit that sought to hold firearms manufacturers responsible for the criminal misuse of firearms.

"We are very pleased by today's ruling by the U.S. Supreme Court to not review lower appellate court rulings that dismissed cases based on the Protection of Lawful Commerce in Arms Act," said Steve Sanetti, president of the National Shooting Sports Foundation, trade association for the firearms industry. "These baseless lawsuits against responsible, law-abiding companies are the type that Congress intended to prevent by passing the Protection of Lawful Commerce in Arms Act."

The city's lawsuit was originally filed in 2000 by Mayor Rudolph Giuliani and was continued by Mayor Michael Bloomberg. After the Protection of Lawful Commerce in Arms Act was passed by Congress in 2005, a federal judge threw out the New York lawsuit. Then in April of 2008, the 2nd U.S. Circuit Court of Appeals upheld that decision, saying the new law was constitutional.

New York's final recourse was to appeal to the U.S. Supreme Court, but today the court refused the case.

Among the companies sued were Beretta USA Corp., Smith & Wesson Holding Corp., Colt's Manufacturing Co. LLC, Sturm, Ruger & Co. and Glock GmbH.

Also today, the Supreme Court denied review of a similar case brought by the District of Columbia and individual residents of the district including Bryant Lawson against Beretta and other firearms manufacturers. These plaintiffs also hoped to have their case challenging the constitutionality of the Protection of Lawful Commerce in Arms Act heard by the high-court's Justices.

"Today common sense and fairness prevailed," said Lawrence G. Keane, NSSF senior vice president and general counsel.

[5stringJeff]

Wonderful news!!!

[Kathianne]

Richie Daley, aka mayor Shortshanks, isn't going to like this.

http://www.encyclopedia.com/doc/1P2-6664556.html


Chicago sues gun-makers as public nuisance Manufacturers selling weapons to gangs via suburbs, city's suit claims
From: The Milwaukee Journal Sentinel (Milwaukee, WI) | Date: November 13, 1998

Mayor Richard M. Daley filed a $433 million landmark lawsuit against the firearms industry Thursday, declaring that it has created a public nuisance by flooding the streets with weapons deliberately marketed to criminals.

"Gun manufacturers and dealers are profiting off the activities of criminals in Chicago," Daley told a news conference at which police showed off 171 weapons purchased by undercover investigators, ranging from pocket-size pistols weighing just ounces to a round-drum Thompson submachine gun.

Experts said such lawsuits are likely to catch on with crime-plagued cities ...

And like our president, he doesn't believe in letting a crisis/tragedy go to waste:

http://newsblogs.chicagotribune.com/clout_st/2008/02/daley-says-niu.html


Originally posted: February 15, 2008
Daley says NIU shootings underscore need for gun control
Posted by Gary Washburn at 1:45 p.m.

Mayor Richard Daley expressed his condolences to families who lost loved ones and to those seriously wounded in the Northern Illinois University shootings, asserting Friday that the incident provides the latest evidence gun control legislation is needed.

"We have a presidential election," Daley said. "People say they lose elections because they stand up to the gun manufacturers. Lose an election? That’s nothing. To lose a child, to lose a brother or sister is more serious, and I hope that all of our national leaders would reflect upon that..."

Daley, who annually pushes for gun control legislation in Springfield, said that "there are just too many guns in society---not just this incident, every day...I don’t care what presidential candidate, whether Democrats or Republicans---we cannot hide from this issue. We must be able to debate this honestly and openly."

Daley said he believes America "is getting immune" to the issue of gun violence.

"It doesn’t disturb us anymore. I think there’s something wrong with our conscience. There is something wrong with our leadership. I am not asking the candidates to commit political suicide. I am asking the candidates to be real leaders."



Didn't quite work out that way...

Doesn't stop our Richie:

http://www.cityofchicago.org/city/webportal/portalContentItemAction.do?contenTypeName=COC_EDIT ORIAL&topChannelName=HomePage&contentOID=537032515


....t the federal level, the City will support legislation to:

Repeal legal immunity for gun manufacturers so they can be held responsible for wrongdoing, just like every other industry in the United States

Reinstate and expand the federal assault weapons ban to keep the most dangerous weapons off the market and off the streets.

Repeal the Tiahrt Amendment that restricts local law enforcement from accessing gun trace data to trace illegal gun ownership.

Require micro-stamping of guns so that law enforcement can link spent casings with gun crimes and trace illegal gun ownership.

"Does anyone really believe that the founders of our nation envisioned that illegal weapons would flood our streets and be used to kill our children? Did they believe that some in our nation would defend the purchase of assault weapons, even as they're used to cut down the lives of innocent victims across the nation?" Daley said.

The Mayor said he knows some people wonder why he continues to pursue passage of gun reform legislation in the face of strong opposition from the NRA and other gun extremists.

"It's very simple. Reasonable gun laws -- laws that balance the need to protect the rights of gun owners with the necessity of reducing the threat of gun violence – are the right thing for us to do," he said.