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Friday, November 19, 2004
Law - Mayor Daley loses 6-year fight to make gunmakers pay
"Daley loses 6-year fight to make gunmakers pay" is the headline to this story today in the Chicago Tribune. Some quotes:
The Illinois Supreme Court dismissed two novel lawsuits Thursday that had sought to hold the firearms industry responsible for the costs of gun violence in Chicago, ending a six-year legal battle that thrust Mayor Richard Daley into the national political debate over gun control.The story goes on to report:The state's highest court rejected arguments by Daley and the families of murder victims that the firearms industry creates a "public nuisance" by saturating the city and its suburbs with cheap guns that quickly find their way into the hands of gang members. City attorneys said they would not appeal.
In its unanimous decision, the court ruled that regulation of the manufacture, distribution and sale of firearms should be left to the state legislature. "Any change of this magnitude in the law affecting a highly regulated industry must be the work of the legislature, brought about by the political process, not the work of the courts," according to the justices.
In a strongly worded opinion concurring with the decision, several justices acknowledged that they were disturbed by evidence presented in the two cases that suggests the firearms industry "sought to increase their profits by pandering" to criminals. Nevertheless, the justices ruled that the industry was not causing a public nuisance under the law and cannot be held responsible for the actions of criminals.
Of the 23 lawsuits filed since 1998 by states, municipalities and the NAACP against the gun industry, 20 have been dismissed, although two are on appeal, according to the National Shooting Sports Foundation. Three other suits are proceeding in courts, including one in Gary that is in the early stages of pretrial discovery.Here is the Chicago Sun Times coverage.
The Gary Post Tribune reports:
To the cheers of firearm industry supporters, Illinois justices on Thursday ruled that gun makers are not responsible for the $430 million Chicago attorneys estimated the city spent on additional police and medical services caused by the unlawful use of handguns.Earlier Indiana Law Blog entries on the Gary handgun suit and related matters include:The high court also tossed a lawsuit by families of gunshot victims, in both cases stating that gun makers and dealers are not responsible for the crimes committed by people who legally purchase handguns.
The lawsuit was nearly identical to one filed by Gary in 1999, though state gun laws and public nuisance statutes differ. More importantly, after nearly six years of appeals, the Indiana Supreme Court in 2003 ruled that the city did have grounds to press the suit in Lake County courts.
It could take a year or more to set a date for the trial, and a final decision will take longer still, said attorney Jim Meyers, who is handling the gun lawsuit with the city.
Gary’s case is the only one of its kind in the state. Legislators in February passed a law protecting gun makers and dealers from lawsuits. Mayor Scott L. King lobbied legislators to let the city have its day in court. * * *
Courts have sided with gun manufacturers in cases filed by Cincinnati, Newark, and Boston. Several cases have been stalled in states where legislators passed laws that immunized gun makers from liability when their products were used in crimes.
Federal legislation still could keep Gary from going before a judge, said Brian J. Siebel, an attorney for the anti-gun Brady Center who has helped the city argue the case.
U.S. House of Representatives last year passed a bill that would immunize gun makers from lawsuits nationwide, but the Senate balked when an extension to the assault weapons ban was attached, Siebel said.
“There is a definite risk that the Congress will renew this effort,” Siebel said. “And it’s society that’s suffering, the people in Gary, the people in Chicago, who are dying from guns that have been sold into an illegal market.”
about the 2004 bill, HB 1349, that sought to ban the Gary lawsuit. Note that the bill ultimately passed. However, as noted in today's Gary Post-Tribune story, the Gary suit reportedly was exempted. Access HEA 1349 here.
Finally, here are links to the two cases decided yesterday by the Illinois Supreme Court:
Posted by Marcia Oddi on November 19, 2004 08:30 AM
Posted to General Law Related