Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

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

Sunday, April 24, 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
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 ...

Court Strikes Down Unconstitutional Ban on Concealed Carry

News  

Tuesday, July 25, 2017

Court Strikes Down Unconstitutional Ban on Concealed Carry

D.C. Circuit Court Rules in Favor of Constitutional Right to Carry a Gun in Public for Self-Defense

“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.  

Washington: Gun Bills Go into Effect

Tuesday, July 25, 2017

Washington: Gun Bills Go into Effect

On Sunday, July 23, a number of bills that passed from the 2017 legislative session went into effect that impact your Second Amendment rights.

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 ...

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 ...

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 ...

“March” Madness: Media Hypes Non-Event at NRA Headquarters

News  

Friday, July 21, 2017

“March” Madness: Media Hypes Non-Event at NRA Headquarters

Numbers don’t lie. But gun control groups and the news media do. That explains why so many accounts of last Friday’s so-called Women’s March From #NRA2DOJ bear no resemblance to the event those of us ...

California: DOJ Introduces Proposed Regulations Adding “Privacy Notices” to Firearm-Related Forms

Monday, July 24, 2017

California: DOJ Introduces Proposed Regulations Adding “Privacy Notices” to Firearm-Related Forms

On Monday, July 24, the California Department of Justice introduced another set of proposed regulations, this time for the purpose of adding required “privacy notices” to certain firearm-related forms.

New Law Expands Hunting Opportunities in North Carolina

News  

Tuesday, July 25, 2017

New Law Expands Hunting Opportunities in North Carolina

Law Promotes Sportsmens’ Rights & Sound Wildlife Management

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.