We have compiled a 'quick-reference scorecard' of past and pending Municipal
Firearms Litigation and their present status. Current as of June 29, 2009.
For more information or to obtain copies of the latest court documents filed by the firearms industry in the lawsuits appearing in this Scorecard, please contact
the NSSF legal department.
Cases Terminated by State Legal Reform Acts
New Orleans (retroactively)
Detroit (retroactively)
Philadelphia
Wayne County, MI (retroactively)
Atlanta (retroactively)
St. Louis (retroactively)
Cases Terminated by Protection of Lawful Commerce in Arms
Act
Ileto v. Glock, Inc. et al.
Case dismissed on remand as to Glock and RSR on March 14, 2006
by U.S. Dist. Ct. (C.D. CA). On May 11, 2009, U. S. 9th Cir.
Ct. of App. upholds constitutionality of the PLCAA and affirms
dismissal of all claims against Glock and RSR as being preempted
by the Act.
Pavelka v. Beretta U.S.A., Corp. et al. (Los Angeles County,
CA)
Case dismissed May 19, 2006 CA Sup. Ct., LA County.
District of Columbia and Lawson, et al. v. Beretta U.S.A.,
Corp. et al.
Case dismissed by DC Sup. Ct. May 22, 2006. Dismissal aff'd
unanimously by 3-judge panel of the DC Ct. of App. Jan. 10, 2008. Reh'g
en banc denied June 9, 2008; Cert. denied by U.S. S. Ct. March
9, 2009.
City of New York, et al. v. Beretta U.S.A., Corp. et
al. U.S.
Dist. Ct. (E.D.NY) upheld constitutionality of PLCAA but denied
motion to dismiss Dec. 2, 2005. U.S. 2nd Cir. Ct of App. rev'd
in part and aff'd in part April 30, 2008. Case remanded w/
instructions to dismiss NYC's suit as barred by the PLCAA.
Reh'g en banc denied Aug. 20, 2008; Cert. denied by U.S.
S. Ct March 9, 2009.
Charlot v. Bushmaster
Case arises out of a criminal shooting by Washington-area snipers (Muhammad & Malvo). The
complaint asserting violation of the DC “absolute liability” statute
was originally filed in DC Sup. Ct. then subsequently removed to U.S. Dist. Ct.
for DC. Following dismissal of District of Columbia and Lawson, et
al. v. Beretta U.S.A., Corp. et al. by the DC Ct. of App, Bushmaster filed
a renewed motion to dismiss with the Dist. Ct. based on the PLCAA. On
June 25, 2009, Dist Ct. granted Bushmaster’s motion finding the PLCAA constitutional
and the plaintiffs’ strict liability claim preempted by the Act.
Complete Dismissals
Fully & Finally Adjudicated Cases
New Orleans—Affirmed LA Supreme Ct., cert. denied
by U.S. Supreme Ct.
Camden Co.— Affirmed U.S. 3rd Cir. Ct. of Appeals.
Philadelphia—Affirmed U.S. 3rd Cir. Ct. of Appeals.
Atlanta—Case dismissed by GA Ct. of Appeals.
Boston—Voluntarily dismissed with prejudice
Wilmington—Case dismissed by Superior Ct., New Castle
Co. No appeal taken.
Cincinnati—On April
30, 2003, City Council voted unanimously to voluntarily dismiss
case.
NAACP—On May 14, 2003, advisory jury found no defendants
liable. Case dismissed on July 21, 2003. NAACP dismissed its appeal
on Oct. 20, 2003. U.S. 2d Cir. Ct. of Appeals granted NAACP's motion
to dismiss defendants' appeal on August 3, 2004.
Camden City—Dismissed without prejudice on July
7, 2003.
Detroit/Wayne Co.—MI Court of Appeals reversed trial
court and remanded for dismissal on August 7, 2003.
New York State—Dismissed by trial court (August 2001),
affirmed [3-1] by NY State Appellate Division, 1st Dept. on June
24, 2003. On Oct. 21, 2003, NY Ct. of Appeals denied leave to appeal.
Newark—On March 10, 2004,
trial court ordered case dismissal with prejudice.
St. Louis—On Oct.15, 2003, trial court granted defendant
manufacturers' motion to dismiss. On July 27, 2004, MO Ct. of Appeals
affirmed dismissal based on retroactive application of MO state
preemption statute. On Sept. 9, 2004, MO Ct. of Appeals denied
St. Louis' motion to rehear its appeal. On Oct. 26, 2004, MO Supreme
Ct. rejected St. Louis' appeal.
Jersey City—Complaint voluntarily dismissed on Nov.
7, 2003.
Chicago—On Nov. 18, 2004, a unanimous Illinois Supreme
Ct. reversed Ct. of Appeals and reinstated Superior Court's order
of dismissal. On Jan. 24, 2005, plaintiffs' petition for rehearing
denied by IL Supreme Ct.
California—On Feb. 10, 2005, CA Ct. of Appeals unanimously
affirmed the Sup. Ct's March 2003 dismissal of municipal
claims. Municipal motion
to "depublish" the certified opinion of the Ct. of Appeals
subsequently denied by the CA Supreme Ct.
Cleveland—Case dismissed on Sept. 26, 2005 without
prejudice, to re-file by Jan. 21, 2006.
Young, Smith and Ceriale— On Nov. 18, 2004, a unanimous
IL S. Ct. reversed the Ct. of Appeals and ordered the
dismissal of three cases arising out of separate criminal shootings.
Smith v. Bryco and Johnson v. Bryco—Case
dismissed as to distributor AcuSport on July 7, 2005.
Grunow v. Valor—Case dismissed on
June 1, 2005 by FL 4th Dist. Ct of App.
On Oct. 26, 2005, President Bush signed the Protection of Lawful
Commerce in Arms Act (“PLCAA”) into law. (Public Law
109-92; 119 Stat. 2095)
Gary v. Smith & Wesson Corp. et al.
On Dec. 23, 2003, IN S. Ct. reversed IN Ct. of App. and remanded
case to trial court for further proceedings. US Dept. of
Justice intervenes to support constitutionality of PLCAA. Defendants' motion
to dismiss based on PLCAA denied Oct. 23, 2006. Trial court
found PLCAA to be an unconstitutional Ex Post Facto law
in violation of the city's Due Process rights,
as well as a violation of Separation of Powers under US v. Klein, 80 US
128 (1872). Defendants' motion for interlocutory appeal of trial court's
denial to dismiss subsequently granted by IN Ct. of App. On October 29,
2007, IN Ct. of App. affirmed trial court's denial finding PLCAA does not bar city's claims
but does
not rule on constitutionality of PLCAA. IN Ct. of App. denies defendants' petition for
rehearing. Defendant's petition to transfer case to IN. S. Ct.
denied. Case to proceed to trial unless Defendant's appeal to US
Supreme Ct.
Hernandez v. Kahr, Inc. et al. & Maisonet v. Kahr,
Inc. et al.
Suits arising from same shooting incident filed in Mass. Superior
Court (Worcester) for wrongful death, negligence and nuisance brought
separately by Armando Maisonet, who was wounded, and relatives
of decedent Danny Guzman. The criminal shooting occurred
Christmas Eve 1999 at a well-known gang hangout and was committed
with an unfinished, but functioning firearm assembled from individual
parts that were stolen from Kahr by an ex-employee. Case
now in discovery. Defendants have filed separate motions
to stay both proceedings and immediately dismiss the cases as required
by the PLCAA. Amicus brief filed by the Commonwealth of Massachusetts
on March 16, 2006 supporting plaintiffs' opposition to defendants' motion
to dismiss based on the PLCAA. On Feb. 3, 2006, the US Department
of Justice filed its brief supporting the constitutionality of
the Act.
Other Cases of Note
DC Gun Ban Case - US Supreme Court District of Columbia vs. Heller (f/k/a Parker
et al. v. District of Columbia)
The US Supreme Ct. in a 5-4 decision written by Justice Scalia
determined that the 2nd Amendment of the U.S. Constitution guarantees
an individual right to keep and bear arms and struck down the District
of Columbia's handgun ban and trigger-lock requirement as
a violation of the 2nd Amendment (in the context of self-defense).
City of New York v. A-1 Jewelry & Pawn, et al. (Eastern
District, New York)---Lawsuit filed by the city in the
Dist. Ct. (E.D.N.Y.) against 15 out-of-state gun dealers for
damages and injunctive relief to halt the dealers' supposed
illegal business practices and alleged improper gun sales. The
suit follows 6 weeks of sting operations in GA, OH, PA, SC and
VA by private detectives hired by the city to visit gun dealers
for the sole purpose of making illegal straw purchases. Defendants' motion
to dismiss for lack of personal jurisdiction denied by Dist.
Judge Jack Weinstein Aug. 15, 2007. Weinstein also denied
certification for interlocutory appeal. The remaining defendants
in the case and their counsel have opted not to put up a defense
in what will essentially turn out to be a bench trial with the
verdict being rendered by Weinstein instead of a jury. Adventure
Outdoors has filed its opposition to the city's motion
for default judgment against Adventure for failure to defend.
City of New York v. Bob Moates' Sport Shop, Inc.,
et al. (Eastern District, New York)---Companion
lawsuit to City of New York v. A-1 Jewelry & Pawn et
al. brought by Mayor Bloomberg stemming from his administration's
6-week-long sting operations in GA, OH, PA, SC and VA. Suit
seeks damages and injunctive relief to halt the supposed illegal
business practices and alleged improper gun sales of12 out-of-state
gun dealers.
Williams v. Beemiller, Inc. d/b/a Hi-Point et al. (Erie
County, NY)---Suit alleging public nuisance and negligence
against Hi-Point, MKS Supply (and owner) and a firearm trade
show operator for handgun sales that included a Hi-Point 9mm
semiautomatic pistol used by a convicted gang member in 2003
criminal shooting. Plaintiffs amended complaint filed to fit
within the exceptions of the PLCAA. Case removed to US Dist.
Ct. Western District of NY. Plaintiffs' motion for remand
filed Dec. 23, 2005; Defendants' response to motion filed
Jan. 25, 2006. Plaintiffs' reply filed Jan. 31st. Hearing
date on motion to remand yet to be scheduled.
Oliver v. Lou's of Upper Darby, Inc. et al.---Suit
alleging public nuisance, negligence and wrongful death against
licensed dealer and Phoenix Arms by parents of 14-year old boy
shot and killed in 2004 by a minor while playing video games. The
firearm misused was lawfully sold following an approved NICS check. The
dealer's employee who conducted the sale was an off-duty
federal law enforcement agent. Plaintiffs amended their complaint
less than two weeks before the enactment of the PLCAA in an attempt
to fit within the exceptions of the Act. The
US Dept. of Justice has intervened to support the constitutionality
of the PLCAA. Defendants' separate motions to dismiss and for an
order certifying the case for interlocutory appeal denied. Defendants' notice
of appeal to and petition for review by PA Superior Ct. of the
trial court's decisions denied; plaintiff's motion
to quash appeal granted. Defendants have filed their petition for
review with the PA Supreme Court. Case consolidated with Thomas-Childs
v. American Security for discovery purposes.
Thomas-Childs v. American Security et al.---Suit
alleging public nuisance, negligence and wrongful death against
licensed dealer and Sturm, Ruger by mother of 10-year old boy shot
and killed in 2004 by feuding drug gangs. The US Dept. of Justice
has intervened to support the constitutionality of the PLCAA. Defendants'
separate motions to dismiss and for an order certifying the case
for interlocutory appeal denied. Defendants' notice
of appeal to and petition for review by PA Superior Ct. of the
trial court's decisions denied; plaintiff's motion
to quash appeal granted. Defendants have filed their petition for
review with the PA Supreme Court. Case consolidated with Oliver
v. Lou's of Upper Darby for discovery purposes.
Tucker v. Cary Jewelry & Pawn et al. (Wake
County, NC)---Suit alleging negligence and wrongful
death against licensed dealer and convicted felon Matthew Grant
by widow of a Wake County Sheriff's Investigator shot and killed
in 2004 by Grant (now serving a life sentence for the shooting).
This suit, filed less than two weeks before the enactment of
the PLCAA, attempts to fit within the exceptions of the Act. Counsel
for plaintiff includes the Brady Center to Prevent Gun Violence. On
March 3, 2006, plaintiff amended her complaint. Defendant
Cary Jewelry & Pawn filed amended motions to dismiss and
amended answers to the complaint May 10, 2006.
Fiscal v. City and County of San Francisco---Lawsuit
filed against the city and county of San Francisco, S.F. Police
Chief and S.F. Police Dept. by firearms industry challenging a
voter-approved ordinance (Proposition H) that banned the manufacture
and distribution of all firearms and ammunition in the city and
county of San Francisco, including possession of handguns within
city and county limits. On Jan. 9, 2008, the CA Ct. of Appeal
(1st App. Dist.) affirmed the San Francisco County Superior Court's
decision holding Prop. H invalid as preempted by state law.
