March 10, 2009

Supreme Court Refuses to Hear New York City's Lawsuit Against Gun Makers

NEW YORK -- Putting an end to nine years of litigation, the U.S. Supreme Court refused to hear New York City's request to continue a lawsuit that sought to hold firearms manufacturers responsible for the criminal misuse of firearms.

"We are very pleased by today's ruling by the U.S. Supreme Court to not review lower appellate court rulings that dismissed cases based on the Protection of Lawful Commerce in Arms Act," said Steve Sanetti, president of the National Shooting Sports Foundation, trade association for the firearms industry. "These baseless lawsuits against responsible, law-abiding companies are the type that Congress intended to prevent by passing the Protection of Lawful Commerce in Arms Act."

The city's lawsuit was originally filed in 2000 by then-Mayor Rudolph Giuliani and was continued by Mayor Michael Bloomberg. After the Protection of Lawful Commerce in Arms Act was passed by Congress in 2005, a federal judge threw out the New York lawsuit. Then in April of 2008, the 2nd U.S. Circuit Court of Appeals upheld that decision, saying the new law was constitutional.

New York's final recourse was to appeal to the U.S. Supreme Court, but the court refused the case.

Among the companies sued were Beretta USA Corp., Smith & Wesson Holding Corp., Colt's Manufacturing Co. LLC, Sturm, Ruger & Co. and Glock GmbH.

Also today the Supreme Court denied review of a similar case brought by the District of Columbia and individual residents of the district including Bryant Lawson against Beretta and other firearms manufacturers. These plaintiffs also hoped to have their case challenging the constitutionality of the Protection of Lawful Commerce in Arms Act heard by the high-court's Justices.

"Today common sense and fairness prevailed," said Lawrence G. Keane, NSSF senior vice president and general counsel.

Comments (19)

now maybe the gun manufacturers should turn around and sue the city of new york and mayor dumberg and clean him out like they wanted to do to the gun industry. this day and age it seems like we are on the defense so much maybe the opportunity to go on the offense when it comes should be capitalized on. spread the wealth isn't that the new obama slogan?

Posted by: pa-cman | March 26, 2009 11:23 AM    Report this comment

I do hope the Mayor Blumberg had to pay for all the court and legal fees of the defendants. When that starts happening, the citizens of NYC will force him back into the civilian world.

Posted by: RTruck | March 13, 2009 11:31 PM    Report this comment

We cannot keep putting lawyers in elected office. It's like putting Cookie Monster in charge of Security at Keebler.

Posted by: Tim C | March 13, 2009 11:37 AM    Report this comment

"What do you have when all the lawsuit lawyers are buried up to their necks in sand...?"


Posted by: CHUCK S | March 13, 2009 9:52 AM    Report this comment

Half of this is liberals attacking gun rights and half of this is about trial lawyers getting rich. Just like the tobacco companies lawsuits, which was started by Al Gore's uncle, an excuse for trial lawyers to sue an invisible plantiff and rack up millions of dollars in billable hours. If you ask me, these guys are no better than Bernie Madoff and his ponzi scheme.

Posted by: Robert J | March 13, 2009 8:34 AM    Report this comment

They bury those gunsuit lawyers at the ten foot deep level because deep deep down they are good people! Semper Fi

Posted by: Sharps | March 12, 2009 11:41 PM    Report this comment

I do not think Giuliani and Bloomberg actually believed they had a chance of winning this lawsuit against gun manufacturers. It was more a less a Hail Mary. They are trying to inhibit our ability to purchase firearms by going after the gun shops that do not have the cash to hire high powered defense attorneys. However, I'll still take this opportunity to thumb my nose to Bloomberg. What better news could you hear as you cross the Pennsylvania / New York border on a trip to Central New York? I noticed the N.Y. State and Local Police are out in full force taking hard earned money from motorists. This recession certainly isn't slowing the police force down. It leaves me wondering if their fatality rate goes up during times like these.

Posted by: JWallace | March 12, 2009 11:05 PM    Report this comment

SORRY ABOUT THAT hit the wrong keys again sorry Az I stand corrected.

Posted by: bear1 | March 12, 2009 11:04 PM    Report this comment

Gaviota, I had to purchase a 28' Werner Aluminum Ladder when I was in Ohio a couple of weeks ago. These ladders were $220.00 last year so I was quite surprised when it cost me $320.00 at the checkout. I thought it was due to these gun makers using aluminum in the new light-weight frames.

Posted by: JWallace | March 12, 2009 10:36 PM    Report this comment

Bear1- She's the ex-gov of AZ, Arizona, not AR, Arkansas. As I live in Arkansas, it's a distinction of some importance.

Everyone knows how rabid I am about gun rights, but this lawsuit business goes way beyond guns. I bought a ladder that cost me 43% more than it should have because of the idiot lawsuits against ladder makers brought by morons who haven't yet discovered gravity. God help us all when these cretins find out about fire!

Posted by: Gaviota | March 12, 2009 8:40 PM    Report this comment

Just heard on Fox News now the Office of Homeland Security is saying the Mex Cartels are getting guns from the U S side of the border God Help us the Morons at really at it and the head of HS is the ex gov of Ar. Also she is a Leftist Dem.

Posted by: bear1 | March 12, 2009 5:54 PM    Report this comment

Right On!

Posted by: 1015811414 | March 12, 2009 5:35 PM    Report this comment

Far Out One For Our Side. Now if we can get some mayors and top cops in Texas and Arizona to stop saying that the Mexican Cartels are getting full automatic weopons from the U S and take care of business we would be getting closer to being alright.

Posted by: bear1 | March 12, 2009 4:58 PM    Report this comment

But, Yay for us anyway.

Posted by: Tim C | March 12, 2009 3:48 PM    Report this comment

Remember who filed this "thing". RINOs are NOT conservatives.

Posted by: Tim C | March 12, 2009 3:47 PM    Report this comment

What do you have when all the lawsuit lawyers are buried up to their necks in sand...?

Posted by: CHUCK S | March 12, 2009 1:54 PM    Report this comment


Posted by: Robert J | March 12, 2009 11:19 AM    Report this comment

Why did it take NINE years for someone to say "Duh"?
And isn't there some protection from frivolous lawsuits?
And who paid for all this litigation?

Posted by: joeburge | March 12, 2009 8:15 AM    Report this comment


Posted by: Gaviota | March 10, 2009 8:31 PM    Report this comment

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