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Supreme Court upholds Protection of Lawful Commerce in Arms

10 March, 2009 (22:59) | Uncategorized | By: ricjames

Back in 2005 President Bush signed the Lawful Commerce in Arms Act which was passed to prohibit frivolous lawsuits like those filed by the City of New York and Washington, DC that sought to hold gun manufacturers responsible for criminal acts committed by 3rd parties who happened to use their products in their crimes.

In the face of legislation, duly passed and signed into law, that explicitly stated that any such lawsuits currently ongoing were to be dismissed, a New York judge ruled to allow one to continue. The manufacturers appealed and the US 2nd Court of Appeals ruled in their favor, overturning the lower court. NYC appealed that one to the Supreme Court. Today, the Court declined without comment to hear the case.

This looks to be the end for the NYC & DC lawsuits filed against several firearm manufacturers claiming that their legal products create a nuisance for the City. From (ironically) Bloomberg News:

The U.S. Supreme Court left intact lower court decisions shielding Smith & Wesson Holding Corp., Sturm, Ruger & Co. and other gunmakers from lawsuits pressed by New York City and shooting victims in Washington, D.C.

The justices, without comment, rejected appeals that sought to revive the two suits and challenged the constitutionality of a federal law signed in 2005 by then-President George W. Bush to protect the industry from a wave of lawsuits.

The New York and Washington suits were among dozens that sought to hold the firearms industry accountable for urban violence, claiming that manufacturers knew their weapons would fall into the hands of criminals. Most of those suits have been dismissed.

The New York suit, filed in 2000 by then-Mayor Rudolph Giuliani, sought court-ordered changes to industry practices to keep illegal guns out of the city. The 2nd U.S. Circuit Court of Appeals in New York rejected the suit last year, overturning a trial judge.

And that, folks, should be the end of the matter. The law was passed by the people’s representatives and now has been held to be completely Constitutional. I hope this puts all of those lawsuits still hanging around on judicial life-support out of our misery.