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
Divided Appeals Panel Upholds California Ban on Post-2013 Pistols

News  

Friday, August 10, 2018

Divided Appeals Panel Upholds California Ban on Post-2013 Pistols

Imagine if California, to combat what the legislature considered the serious problem of manmade global warming, required all new vehicles sold by car dealers in the state to run on grass clippings, rather than fossil ...

King County Unveils “Common Sense” Action Plan: Ban “Semi-automatic, High Velocity Weapons”

News  

Friday, August 10, 2018

King County Unveils “Common Sense” Action Plan: Ban “Semi-automatic, High Velocity Weapons”

In a July 23rd op-ed, Joe McDermott, the Council Chair of King County, Washington, introduced a multi-prong “King County Gun Safety Action Plan” aimed at reducing gun violence.

NoFundMe: NRA Protest March Nets $70 in National Fundraising Effort

News  

Friday, August 10, 2018

NoFundMe: NRA Protest March Nets $70 in National Fundraising Effort

Crowd funding is a relatively recent innovation that allows a person or cause to leverage the vast reach of the Internet to raise money for virtually every imaginable purpose. Even small donations of a few ...

Canada: Toronto Mayor Calls for Gun Bans, Ontario Premier Targets Criminals

News  

Friday, August 10, 2018

Canada: Toronto Mayor Calls for Gun Bans, Ontario Premier Targets Criminals

Canadian anti-gun politicians’ campaign to disarm law-abiding citizens continued this week. On Monday, the Canadian press reported on an August 3 letter from Toronto Mayor John Tory to Prime Minister Justin Trudeau. In the missive, Tory appeared to back ...

Adventures in Correlation

News  

Friday, August 10, 2018

Adventures in Correlation

Senator Chris Murphy of Connecticut recently linked to a news article about a CDC report on homicides, claiming that “allowing more guns in more places isn’t making us safer. It’s doing the opposite.”

College Lacrosse Coach Discriminates Against Pro-2A Player

News  

Wednesday, August 8, 2018

College Lacrosse Coach Discriminates Against Pro-2A Player

A college lacrosse player at Palm Beach Atlantic (PBA) University in Florida was told by his coach in June that he had to choose between the team or posting his hunting and firearm pictures online. “You ...

California: Several Firearm-Related Bills Sent to their Respective Appropriations Committee Suspense File

Hunting  

Thursday, August 9, 2018

California: Several Firearm-Related Bills Sent to their Respective Appropriations Committee Suspense File

The Senate and Assembly Appropriations Committees met earlier this week and sent all but one firearm-related bill to their respective suspense files to be heard at a later date.  The deadline for bills to pass ...

NRA Statement on 3-D Printers and Plastic Firearms

News  

Tuesday, July 31, 2018

NRA Statement on 3-D Printers and Plastic Firearms

FAIRFAX, Va.— Chris W. Cox, executive director, National Rifle Association Institute for Legislative Action, released the following statement on Tuesday:  

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Washington: NRA and SAF File Lawsuit Against City of Edmonds

Wednesday, August 8, 2018

Washington: NRA and SAF File Lawsuit Against City of Edmonds

On Tuesday, August 7th, the NRA and the Second Amendment Foundation filed a lawsuit against the City of Edmonds to invalidate the mandatory firearm storage ordinance that was recently passed by the Edmonds City Council.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.