Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

D.C. Liability Suit Underscores Need For Reckless Lawsuit Preemption Legislation

Friday, April 22, 2005

As we've lately reported in the Grassroots Alert, "The Protection of Lawful Commerce in Arms Act" was recently introduced in Congress as S. 397 in the U.S. Senate, and H.R. 800 in the U.S. House.  This NRA-backed lawsuit preemption legislation protects law-abiding firearm manufacturers from reckless, predatory lawsuits.

Yet another example of the pressing need to pass such legislation surfaced this week as the District of Columbia Court of Appeals yesterday ruled that firearm manufacturers can be sued for shootings in the District under a "strict liability statute."

The judges, however, rejected the broad assertion of the D.C. government and a group of residents who maintained that they should be able to sue manufacturers and dealers for creating a public nuisance and negligence.

D.C. Superior Court Judge Cheryl M. Long dismissed the entire case in December 2002, leading to the appeal.  In addition to rejecting the nuisance and negligence claims, Justice Long found that the strict liability law was unconstitutional.  In her decision, Justice Long indicated the case never stood a chance of passing legal muster, writing, "This is not a close question."  She also said the case was "burdened with many layers of legal deficiencies," and that the D.C. government went beyond the scope of nuisance and other laws.

Last year, a three-judge panel with the D.C. Court of Appeals upheld Long's ruling, once again dismissing the nuisance and negligence claims, but allowing the city to pursue the case under the strict liability statute.

With this ruling, the court has once again thrown out the traditional role of "liability."   With the introduction of "absolute liability," a defendant is essentially stripped of almost any defense.  While the Court took a positive step in affirming that firearm manufacturers are not responsible for the criminal misuse of firearms due to (in this case) "negligence" and "public nuisance," the case represents yet another blatant example of the need to pass a comprehensive federal lawsuit protection bill.

It is imperative that you continue to contact your U.S. Senators and your U.S. Representative and ask them to cosponsor and support S.397 and H.R. 800--without any anti-gun amendments--and put a halt to these reckless lawsuits once and for all.  Again, please be sure to let them know that you consider any votes in support of anti-gun amendments to this legislation as votes against the bill itself.

To access the most up-to-date information on this issue, please go to the "Stop Reckless Lawsuits Against the Firearm Industry" heading at, www.NRAILA.org.

TRENDING NOW
Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

News  

Monday, January 6, 2020

Bloomberg Dismisses Texas Hero, Insists It Wasn’t His “Job” to Have a Gun or Decide to Shoot

Jack Wilson – a 71-year-old congregant of the West Freeway Church of Christ in White Settlement, Tex. – is a hero to most Americans. When a deranged man savagely murdered two of Mr. Wilson’s fellow ...

Wednesday, January 15, 2020

Alert! Florida REPUBLICAN Senators Vote for Massive Gun Control Bill

On Monday, 1/13/20, it happened again.  Senate President Bill Galvano picked a fight with Floridians who believe in the constitutional Right to Keep and Bear Arms. It is well known -- even by the media ...

New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

Thursday, January 16, 2020

New Hampshire: Bill to Shut Down Shooting Ranges Set for Committee Hearing

On January 23rd, the New Hampshire Senate Judiciary Committee will hold a public hearing on Senate Bill 469, sponsored by Senator Jeanne Dietsch (D – District 9), at 10:00 AM in Room 100 of the State ...

Virginia: Bill Filed to Eliminate Right-to-Carry Permit Reciprocity!

News  

Tuesday, January 14, 2020

Virginia: Bill Filed to Eliminate Right-to-Carry Permit Reciprocity!

In an unhinged effort to attack Virginians’ Second Amendment rights, one member of the Michael Bloomberg-bought General Assembly is willing to undermine a bipartisan policy advanced by the previous Democratic governor and target one of the state’s ...

Virginia: Senate Passes Three Anti-Gun Bills

Thursday, January 16, 2020

Virginia: Senate Passes Three Anti-Gun Bills

On Thursday, January 16th, the Virginia Senate voted to pass three of the anti-gun bills that the Senate Judiciary Committee approved on Monday. The fight is far from over! Dozens of other gun control bills ...

California: Self-Defense Bill Fails to Pass Committee

Thursday, January 16, 2020

California: Self-Defense Bill Fails to Pass Committee

This week, Assembly Bill 503 failed to pass out of the Assembly Public Safety Committee on a party line vote.   AB 503, sponsored by Assembly Member Heath Flora (R-12) would have allowed an individual with a valid ...

Grassroots Ramp Up Continues in the Old Dominion

News  

Friday, January 10, 2020

Grassroots Ramp Up Continues in the Old Dominion

Virginia’s General Assembly officially kicked off on January 8th, and the newly-controlled anti-gun legislative body is wasting no time in pushing its crusade against our gun rights.  Facing a barrage of bills anathema to our ...

Washington: Additional Hearing Scheduled on Gun Ban Bills

Thursday, January 16, 2020

Washington: Additional Hearing Scheduled on Gun Ban Bills

On Tuesday, January 21st, at 10AM, the House Civil Rights & Judiciary Committee will consider several anti-gun bills that would severely restrict the Constitutional Rights of law-abiding Washingtonian citizens. This hearing comes just one day ...

Virginia: Senate Voting On Anti-Gun Bills Today!

Wednesday, January 15, 2020

Virginia: Senate Voting On Anti-Gun Bills Today!

The anti-gun majority continues to fast track their agenda. On January 16th, the full Virginia Senate will be holding floor votes on the gun control bills that only left committee on Monday.

Washington: “Gun-Free Zone” Bill on Senate Floor

Wednesday, January 15, 2020

Washington: “Gun-Free Zone” Bill on Senate Floor

On January 13th, the Washington Senate pulled Senate Bill 5434 from the Senate Rules Committee back to the floor, where it can receive a vote at any time. SB 5434 was retained as a carry-over ...

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.