NRA-ILA :: D.C. Court of Appeals Blocks Reckless Lawsuit
         
 
SEARCH
EMAIL SIGNUP
In the News   |   Arizona: Constitutional Carry takes effect   |   House passes bill to keep creditors from taking guns   |   One month after McDonald   |   Kagan's Snowe job on gun rights   |   Indians debate the right to bear arms   |   Dominican Republic: Gun importers say ban spurs smuggling   |   Arizona: New gun law forces park signs to come down   |   California: Tehama sheriff challenges state's ammunition law   |   New Zealand: Dealers doubt gun law   |   Chicago gun lawsuit plaintiffs apply for permits   |   Massachusetts Governor blames gun lobby for slowing gun rationing bill   |   The right to regain the right to own a gun   |   Kansas: Raymore gun issue will be on Nov. 2 ballot   |   Australia: New calls for gun control   |   UN threatens Second and First Amendments   |   Arizona: Constitutional Carry starts Thursday   |   Lott: Gun control advocates make up facts about Right-to-Carry laws   |   If armed, the good guys can win   |   NRA takes message to academia with NRA University initiative   |   Massachusetts: "Open Season" Video doesn't speak for all gun owners

Bookmark 

and Share      Email       Printer Friendly Write your Reps

 
D.C. Court of Appeals Blocks Reckless Lawsuit
 
Friday, January 11, 2008
 

On January 10, the District Columbia Court of Appeals found that the "Protection of Lawful Commerce in Arms Act" (PLCAA) blocked lawsuits under D.C.'s "Strict Liability Act." (The court is a local body equivalent to a state supreme court, and different from the U.S. Court of Appeals that overturned the D.C. gun ban last year.) 

D.C.' s law had tried to make manufacturers, importers, and dealers liable "without regard to fault or proof of defect" for illegal use of guns¾a principle rejected by nearly all courts that have ever looked at the issue.  In this case (District of Columbia v. Beretta, U.S.A.), the D.C. government tried to sue to recover health care and emergency services costs supposedly created by criminal gun use in the District.

Calling the District's arguments "imaginative," the court found that D.C.'s lawsuit didn't fall within any of the PLCAA's exceptions for legitimate suits, and that allowing the suit would "frustrate Congress's clear intention" in passing the PLCAA.  The court also found that the PLCAA is constitutional, both in terms of separation of powers and due process. 

The case is a major win for the firearms industry.  It's not yet known if there will be any further appeals.  As always, we'll keep you posted.

 

Copyright 2010, National Rifle Association of America, Institute for Legislative Action.
This may be reproduced. It may not be reproduced for commercial purposes.
11250 Waples Mill Road, Fairfax, VA 22030    800-392-8683 
Contact Us | Privacy & Security Policy

Links to Congress
The U.S. Senate
U.S. House of Representatives
Senate Schedule
House Schedule
Search THOMAS
ANOTHER LAWSUIT FILED CHALLENGING BAN ON SHIPPING AMMUNITION INTO CALIFORNIA
Mayor Trousil Continues to Threaten the Safety of Iowans in West Burlington
Pennsylvania: Consideration of Discharge Ban Postponed in Exeter Township
Virginia: York County Repeals “Prohibited Area” Discharge Ban
Pennsylvania: Exeter Township to Consider Overreaching Discharge Ban!
MORE >>
Voter Information