Firearms
Industry Wins Major Victory
As Judge Dismisses NAACP Case
NEWTOWN, Conn. - In a significant
victory for the firearms industry, Brooklyn, New York Federal
Judge Jack B. Weinstein today dismissed the NAACP’s lawsuit
against firearms manufacturers and distributors. The ruling
brings to an end yet another expensive and unfounded court
action against the gun industry.
In May, an advisory jury
refused to find a single defendant’s lawful business practices
had created a public nuisance in New York or harmed the NAACP
or its New York members. “The advisory jury understood that
federally licensed manufacturers and distributors of firearms
are not responsible for the criminal misuse of their products,"
said Lawrence G. Keane, vice president and general counsel
of the National Shooting Sports Foundation, the firearms industry’s
trade association.
This decision is the latest defeat for anti-gun interest groups
attempting to circumvent the legislative process and use the
courtroom to impose changes to gun laws that federal and state
legislators have roundly rejected.
Just a month ago, a New York
appellate court upheld the August, 2001 dismissal of New York
State Attorney General Eliot Spitzer’s lawsuit against gun
makers. The appellate court said manufacturers of lawful and
non-defective products cannot be sued for allegedly creating
a “public nuisance” when criminals misuse firearms. The appellate
court acknowledged what the firearms industry has maintained
all along-“that courts are the least suited, least equipped,
and thus the least appropriate branch of government to regulate
and micro-manage the manufacturing, marketing, distribution
and sale of handguns.”
Despite this recent appellate ruling and the conclusion of
the jury in the NAACP case, Weinstein, a well-known activist
judge, in his lengthy decision denigrates gun makers. “While
we are pleased this junk lawsuit has been dismissed, we are
disappointed, but not surprised, by some of Judge Weinstein’s
rhetoric that both ignored both New York law and the jury’s
findings,” said Keane.
Today’s decision underscores
the urgent need for Congress to pass common-sense legal reform
to stop these kinds of “junk” lawsuits that try to bankrupt
an entire industry and improperly blame law-abiding manufacturers
for the actions of criminals. “Our industry should never have
been forced to spend an estimated $10 million to defend itself
against the NAACP’s baseless lawsuit,” said Keane.
“Congress must act to stop
these harassing lawsuits and restore integrity to our nation’s
courts,” said Keane. “The Protection of Lawful Commerce in
Arms Act is the vehicle for the reform.”
The House of Representatives
overwhelming passed the Protection of Lawful Commerce in Arms
Act, and there are 54 co-sponsors for the Senate version of
the bill. The White House has said President Bush would sign
the legislation. Over thirty states have already enacted similar
laws.
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