Skip to comments.Illinois Supreme Court Dismisses Lawsuit Against Gun Industry
Posted on 03/19/2009 2:41:26 PM PDT by neverdem
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 courts 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. Americas 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 courts 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 Americas domestic and international security.
Established in 1871, the National Rifle Association is Americas 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.
Well one bit of good news today.
The courts finally killed off Rudy Giuliani’s lawsuit to put the industry out of business a couple weeks ago.
Good news indeed.
They used the fed’s PLCAA to toss it from state court!
Great news, thanks for the post.
We need to start spending money suing Handgun Control (Brady Bunch) and other gungrabbers every chance we can. Get creative and tie them up in courts.
“tie them up in courts”?
Sue them in court for trying to deny you your constitutional rights and take away their stuff.
Wow! Even the liberals are getting scared!
And...Another one bites the dust,
And, another one bites the dust.
Yeah, Another one bites the dust!
Looks like Chicago mayor Short-Shanks will be crying in his hanky tonight.
Exactly. Sue the prosecutors for crying wolf and sue the Brady Bunch for going after guns but not the terrorists who shot at Brady.
I know their disturbed emotional state will not get it.
It’s like riding motorcycles, most can do so better than me but won’t because they irrationaly fear and they cringe at letting other ride because they fear that. These people intrinsically think that only “properly licensed or registered” cops can ride. It’s the same faithless godless pro-gov mantra going through all our schools and government bureaucrate mentality of fear.
With many states’ budgets in shambles in these trying times — it is an excellent opportunity to fight back against gun banning groups.
Depending upon the state involved - monies available to fund anti-gun legislation only to have to fight the lawsuits filed by 2nd. Amendment activists - well the money is just not there anymore... states are begging for money... some states when meeting hard nosed resistance just might give up the ship and pull back from their attempts to hack the 2nd. Amendment to pieces.
Just some food for thought...
"But yer honor, ya see here, dees goiys wanted to use deese guns in our streets. And we wanna take 'em away so dey have nuthin' to defend demselves...."
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