Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Industry Coalition to Appeal Illinois Court Decision

Friday, January 11, 2002

As reported in last week`s FAX Alert, an appellate court in Illinois allowed a reckless lawsuit against various gun manufacturers and distributors to proceed under the theory that the firearm industry was creating a public nuisance. On the heels of that misguided ruling, the Hunting & Shooting Sports Heritage Foundation (HSSHF) issued a press release noting that the group has committed its financial resources to an appeal of that case.

Robert Delfay, President and CEO of the Hunting and Shooting Sports Heritage Foundation commented, "This decision seems to totally ignore the fact that every step in the sale and distribution of a firearm is controlled and regulated by the federal government. Manufacturers, distributors and retailers of firearms must be federally licensed, and the retail purchaser must undergo an FBI background check before he or she can take possession of his or her firearm. It is just unfair and illogical to maintain that a manufacturer that supports and complies with all of these regulations can be held liable 10 or 15 years down the road if a criminal obtains and uses a firearm illegally."

"The court`s reasoning fits the textbook definition of arbitrariness. The principle it announces is lawless because it is incapable of being generalized, it is good for only this one instance," commented Daniel Polsby, law professor at George Mason University. "The Illinois General Assembly vigorously surveils and regulates the sale of firearms, but the court`s decision effectively sets all the balancing and negotiation and deliberation of the state`s constitutional lawmaking processes at naught. A blow is thus struck against both democratic practice and against the rights of peaceable taxpaying businesses and their customers. The crowning irony is, not a scintilla of public safety is bought with this expensive coin," Polsby said.

"This is a poorly reasoned decision that runs contrary to every other appellate court in the country," notes Lawrence G. Keane, National Shooting Sports Foundation vice president and general counsel. Keane continued, noting, "State Supreme Court decisions in New York, California, Florida, Connecticut and Louisiana have all concluded that manufacturers of legal, highly-regulated, non-defective products cannot be held legally responsible for the acts of criminals."

"If this extraordinary legal theory is allowed to go forward, it`s `Katie bar the door` for the manufacturer or retailer of any consumer product if that product`s use in a crime might be reasonably foreseen," Delfay said. "This ruling is doubtless being cheered by personal injury lawyers who can look forward to suing gasoline refiners, match manufacturers, auto makers, champagne bottlers, cutlery merchants and any other supplier of a legitimate consumer product for any foreseeable use of their products in crime."

We will be monitoring this case and related developments closely, and will keep you posted accordingly.

TRENDING NOW
Supreme Court Asked to Review Maryland's Gun Ban

News  

Friday, July 21, 2017

Supreme Court Asked to Review Maryland's Gun Ban

A group of Maryland citizens, with the support of the National Rifle Association, filed a petition to the United States Supreme Court on Friday seeking to reverse a Court of Appeals ruling that stripped some of America’s most ...

“She Persisted” – Gun Owner Fights Unlawful “No Return” Gun Policy

News  

Friday, July 21, 2017

“She Persisted” – Gun Owner Fights Unlawful “No Return” Gun Policy

On July 17, the U.S. Court of Appeals for the Second Circuit confirmed that law enforcement officials in New York acted unlawfully with respect to guns confiscated from a Nassau County woman in 2012.  

The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

News  

Wednesday, July 19, 2017

The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

Muscatine County, Iowa, is home to about 40,000 people, and like too many places around the country, gun owners there have no public range where they can practice or compete safely. That may be changing, ...

Former Bloomberg Lackey Comes Clean on True Anti-gun Agenda

News  

Second Amendment  

Friday, July 21, 2017

Former Bloomberg Lackey Comes Clean on True Anti-gun Agenda

Back when Mark Glaze was executive director of Michael Bloomberg’s Mayors Against Illegal Guns, and later Everytown for Gun Safety, he went to great lengths to portray his master’s anti-gun positions as moderate. Glaze used ...

The Need for National Reciprocity

News  

Friday, July 21, 2017

The Need for National Reciprocity

A report from the Crime Prevention Research Center estimates that the number of concealed carry permits issued last year was the largest increase ever – continuing a four year trend of record setting increases in ...

One More Reason Gun Owners Should Be Celebrated

News  

Second Amendment  

Thursday, July 20, 2017

One More Reason Gun Owners Should Be Celebrated

The safety record of America’s gun owners is nothing short of stunning. 

When Gun Control Fails

News  

Second Amendment  

Friday, July 21, 2017

When Gun Control Fails

Gun control is pushed as a strategy to keep Americans safe in their homes, schools and workplaces. It is presented as the key component in safer streets, neighborhoods and families. But what happens when gun ...

California:  "Assault Weapon" Regulations Take 3: CA DOJ Resubmits Regulations

Friday, July 21, 2017

California: "Assault Weapon" Regulations Take 3: CA DOJ Resubmits Regulations

Today, July 21, the California Department of Justice (“DOJ”), without warning or any notification,  submitted another set of proposed regulations for the registration of newly classified “assault weapons” to the Office of Administrative Law.  As ...

Home Alone in Washington State

News  

Friday, July 21, 2017

Home Alone in Washington State

Back in 2013, when Washington State’s anti-gun groups rolled out Initiative 594, they promised voters this “universal background check” law would save lives by keeping “firearms out of dangerous hands” because private gun sales would ...

Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

News  

Wednesday, July 12, 2017

Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

Last Thursday, a federal judge in Austin, Texas, dismissed a lawsuit by several professors who sought to block the University of Texas from implementing a state law that provides for the lawful carrying of concealed ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.