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Illinois Supreme Court Dismisses Lawsuit

Friday, March 20, 2009

This week, 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-ILA Executive Director 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 criminal acts 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, the decision 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.
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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.