Explore The NRA Universe Of Websites

APPEARS IN News

Illinois Supreme Court Dismisses Lawsuit Against Gun Industry

Thursday, March 19, 2009

Fairfax, Va. - Today, the Illinois Supreme Court dismissed yet another reckless lawsuit aimed at putting firearms manufacturers out of business. Adames v. Beretta was dismissed under the Protection of Lawful Commerce in Arms Act of 2005 (PLCAA). The court’s order affirmed the original trial court judgment in the case.

This is the second judicial decision in 2009 upholding a dismissal under the PLCAA. Ten days ago, the U.S. Supreme Court denied appeals in the cases of New York v. Beretta and District of Columbia v. Beretta.

NRA chief lobbyist Chris W. Cox said, “We are pleased that the Court recognized that the Protection of Lawful Commerce in Arms Act is the law of the land. America’s law-abiding firearms manufacturers must be protected from reckless suits, such as this one, that have no legal merit. Blaming gun manufacturers for the acts of criminals is not the way we do things in America, and today the Illinois Supreme Court confirmed this view.”

The Illinois Supreme Court found that “the discharge of the Beretta was caused by a volitional act that constituted a criminal offense, which act shall be considered the sole proximate cause of any resulting death.”

The Court also agreed with the appellate court in finding the PLCAA was constitutional. Finally, it let stand the trial court’s findings that "the Beretta [pistol] was not unreasonably dangerous or defectively designed" and that the danger of pointing a gun at another person and pulling the trigger is open and obvious, even if the person pointing the gun mistakenly believes that the gun is not loaded.

Several cities and individual plaintiffs began suing firearm manufacturers in the late 1990s, based on the expectation that although the industry manufactured a legal product, forcing manufacturers to pay hundreds of millions of dollars in legal fees just to prove their innocence in court would drive them into bankruptcy.

In addition to being based on bogus legal theories that seek to evade personal responsibility for criminal or reckless acts, these lawsuits endangered American military personnel and law enforcement officers. During congressional debate on the PLCAA, the Department of Defense issued a statement agreeing with the NRA that bankrupting U.S. gun makers and making us dependent on foreign countries like France, Russia or China for small arms would be a threat to America’s domestic and international security.

-NRA-

Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

IN THIS ARTICLE
Reckless Lawsuits
TRENDING NOW
Video: Arrogant Illinois State Senator Proposes Confiscating Guns

News  

Friday, June 21, 2019

Video: Arrogant Illinois State Senator Proposes Confiscating Guns

Anti-gun lawmakers, including some of those vying for the 2020 Democratic presidential nomination, are becoming increasingly open about their desire to confiscate firearms from law-abiding citizens and jail those who don’t comply. Perhaps taking a cue from their strident ...

Bloomberg Course: Certified in Advocacy

News  

Friday, June 21, 2019

Bloomberg Course: Certified in Advocacy

We did it. We “earned” a course certificate for the Bloomberg School’s massive open online course titled “Reducing Gun Violence in America: Evidence for Change.” After six grueling weeks we have heard what Michael Bloomberg’s ...

A Tale of Two Rallies

News  

Friday, June 21, 2019

A Tale of Two Rallies

The 2020 presidential contest is now underway in earnest. On Tuesday, President Trump officially kicked off his reelection campaign to a packed house at the 20,000 seat Amway Center in Orlando, FL. Earlier that day, ...

Governor Abbott Signs Ten Pro-Second Amendment Bills into Law

Monday, June 17, 2019

Governor Abbott Signs Ten Pro-Second Amendment Bills into Law

Governor Greg Abbott has now signed all of the NRA-supported legislation which the Texas Legislature sent him during the 2019 session.

California: Legislative Update and Hearings Next Week

Sunday, June 23, 2019

California: Legislative Update and Hearings Next Week

No summary available

California DOJ Proposes “Emergency” Regulations Requiring Federally  Compliant IDs for All Firearm and Ammunition Transfers

Tuesday, June 18, 2019

California DOJ Proposes “Emergency” Regulations Requiring Federally Compliant IDs for All Firearm and Ammunition Transfers

Yesterday, the California Department of Justice officially submitted proposed “emergency” regulations that, if adopted, would require federally compliant California driver license or identification cards whenever attempting to purchase a firearm and, beginning July 1, 2019, ...

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.

New Jersey: Legislature Passes Smart Gun Legislation

Friday, June 21, 2019

New Jersey: Legislature Passes Smart Gun Legislation

On Thursday, both chambers of the New Jersey Legislature passed “smart gun” legislation despite this technology being more science fiction than reality.

Maryland: House Passes Multiple Gun Control Bills to the Senate

Tuesday, March 19, 2019

Maryland: House Passes Multiple Gun Control Bills to the Senate

Last night, the Maryland House passed multiple gun control bills.  House Bill 786 was passed by a 90 to 49 vote, and House Bill 740 was passed by a 94 to 45 vote. 

California: NRA and CRPA Submit Opposition to DOJ’s Proposed “Emergency” Regulations Requiring Federally Compliant IDs for Firearm and Ammunition Transactions

Thursday, June 20, 2019

California: NRA and CRPA Submit Opposition to DOJ’s Proposed “Emergency” Regulations Requiring Federally Compliant IDs for Firearm and Ammunition Transactions

As reported earlier, the California Department of Justice recently proposed “emergency” regulations that, if adopted, would require federally compliant IDs whenever attempting to purchase a firearm and, beginning July 1, 2019, any ammunition in the ...

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.