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Court Refuses To Block Lawsuit Against Gun Manufacturers
nbc30.com ^ | October 3, 2005 | NA

Posted on 10/04/2005 11:41:23 AM PDT by neverdem

WASHINGTON -- The Supreme Court refused Monday to block a lawsuit against gun manufacturers accused of negligence for firearms violence in the nation's capital.

An appeals court had said that the District of Columbia government and individual gun victims, including a man who was left a quadriplegic after being shot in 1997, could sue under a D.C. law that says gun manufacturers can be held accountable for violence from assault weapons.

The high court had been asked over the summer to use the case to strike down the statute, which gun makers said interfered with their right to sell lawful products.

The lawsuit could still be voided by a new federal law, however. The Senate voted in July to shield firearms manufacturers, dealers and importers from lawsuits brought by victims of gun crimes. Action is pending in the House.

The District of Columbia has strict rules about gun possession, and justices had been told that its law interfered with the gun commerce in other states. Twelve states had urged the Supreme Court to hear the case and rule with gun makers: Alabama, Colorado, Michigan, Montana, New Hampshire, North Dakota, Oklahoma, South Dakota, Texas, Utah, Washington, and West Virginia.

"The District of Columbia's statute threatens ... gun manufacturers with draconian penalties based on their lawful out-of-state commercial activity -- and on the criminal misconduct of third parties over whom the manufacturers have no control," justices were told in a filing by former Solicitor General Theodore Olson, now the lawyer for the gun companies.

The case does not involve the Second Amendment right to "keep and bear arms." Instead, it challenges the law under the Commerce Clause's ban on "direct regulation" of out-of-state commerce and on the due process clause.

The U.S. Court of Appeals for the District of Columbia Circuit had ruled last spring in the case against Beretta USA Corp., Smith & Wesson Corp., Colt's Manufacturing Co (located in West Hartford), Glock Inc., and other companies.

"No due process issue is raised by legislation that seeks to redress injuries suffered by district residents and visitors resulting from the manufacture and distribution of a particular class of firearms whose lethal nature far outweighs their utility," Judge Michael Farrell wrote.

The case is Beretta v. District of Columbia, 05-118.


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government; News/Current Events; Politics/Elections; US: District of Columbia
KEYWORDS: banglist; manufacturing; ruling; scotus; supremecourt
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To: neverdem

Not completely off-topic: Howie Carr just read from a speech Miers gave in 2002(?) in which she praised the Second Amendment.


41 posted on 10/04/2005 12:27:16 PM PDT by maryz
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To: neverdem

Did Roberts rule on this one? Was there a split? This article doesn't say...


42 posted on 10/04/2005 12:29:15 PM PDT by traviskicks (http://www.neoperspectives.com/secondaryproblemsofsocialism.htm)
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To: Armedanddangerous
And the supreme court led by W's nominee didn't want to get involved.

BTW if a 15 year plants bombs and blows up the supreme court will in session, and kills the black angels of the court, would he get the death penalty?

43 posted on 10/04/2005 12:29:56 PM PDT by dts32041 ( Robin Hood, stealing from the government and giving back to tax payer. Where is he today?)
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To: dts32041

She is a nominee to the Supreme Court. She is not currently on it. She had nothing to do with the decision to let this suit continue, and even if she did, one cannot reasonably draw any conclusions about her opinions based on it. Your cartoon and subsequent comment make absolutely no sense in that light.


44 posted on 10/04/2005 12:31:07 PM PDT by WinOne4TheGipper (Mindless Bush bashers are just as bad as, if not worse than, mindless Bushbots.)
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To: WinOne4TheGipper
I can and will blame her, why cause I can and because as I said she is a politico and the first thing they want to do is disarm the peasantry.

Why do you think all those racist laws where passed against the blacks in the south?

45 posted on 10/04/2005 12:33:36 PM PDT by dts32041 ( Robin Hood, stealing from the government and giving back to tax payer. Where is he today?)
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To: F.J. Mitchell
Are we allowed to know which Injustice voted how on this case??

IIRC, No. I've never heard any such announcement. They need to get 4 judges to vote in the affirmative to hear a case, i.e. "to grant 'cert'"(Certiorari).

46 posted on 10/04/2005 12:34:17 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: Ol' Sparky
Sooner or later, it's the Republican party that is going to have to be pinned with blame for the actions of the courts since it refuses to change the direction of it.

I blame them now. They have the tool of impeachment for judges that overreach.

47 posted on 10/04/2005 12:37:08 PM PDT by Cboldt
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To: neverdem

Okay.

Easy Solution to this minor problem.

Ban the manufacture, sale or possession of any item whatsoever if, under any circumstances, said item could be used to cause injury to a person or property, or the government or one of it's representatives.

Since even water & oxygen would be banned from possession - we can all just sit down, relax and wait for the grim reaper - shouldn't take very long - and the government assures me it's painless.


48 posted on 10/04/2005 12:37:37 PM PDT by An.American.Expatriate (Here's my strategy on the War against Terrorism: We win, they lose. - with apologies to R.R.)
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To: dts32041
Yeah. The president, Congress, and the Supreme Court (let alone a nominee, who had nothing to do with this particular decision) have nothing better to do than to take your gun from you. Puh-leeze.
49 posted on 10/04/2005 12:41:09 PM PDT by WinOne4TheGipper (Mindless Bush bashers are just as bad as, if not worse than, mindless Bushbots.)
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To: Terpfen

Thanks Terpfen, After a reread i see what you mean. The Justices followed the example of the three infamous monkeys: "Hear no evil, speak no evil, and above all else;
see no evil".

If it twerent for cross breeding between jackasses and monkies, there would be no democrat party or the Court they count on for the the continuation of their lunatic agenda.


50 posted on 10/04/2005 12:44:44 PM PDT by F.J. Mitchell (Show me a liberal and I'll show you a head and a heart, designed for nothing but cracking walnuts.)
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To: traviskicks

See comment# 46.


51 posted on 10/04/2005 12:49:14 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: Gay State Conservative

"If gun makers are responsible for who their products are aimed at,why aren't baseball bat makers,auto makers or knife manufacturers responsible for who their products are "aimed" at?"

My best friend, bless his soul, was killed at work by a drug-crazed hammer wielding idiot. I guess you should add hammers to your list.
All this anti-manufacturing legislation does is drive companies overseas. That's ok, we can always buy our uzzies from Uzbekistan.
By the way, I'd take it as a personal favor if fellow Freepers never buy a Kirby vacuum cleaner. This company was despicably horrendous to my best friend's family. They wouldn't even give his last paycheck to his dad after he was killed in their employ.


52 posted on 10/04/2005 12:50:33 PM PDT by A'elian' nation
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To: dts32041
Hey I got a .41 Magnum that looks like that.

Oh yeah! God bless the N-Frame Smiths.

Mine actually looks a bit different now. I've add Miculek grips, a new weigand rear sight blade, and I've had the barrel shortened from 5" to 4" to make it IDPA legal. At the same time they changed the front sight mount to the 'Classic DX' style, so I can easily swap out the sights. Right now I have the gold bead installed.

Life is sweet and anti-gunners just don't get it. (Maybe they think we're having too much fun?)

53 posted on 10/04/2005 12:54:35 PM PDT by TC Rider (The United States Constitution © 1791. All Rights Reserved.)
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To: TC Rider
Mine is the mountain gun, no mod's, but she does shoot cor ban rounds real well.

I have had model 57 and 58' got rid of them three times and always ended up missing the .41 mag, just a nice round.

Besides skeeter designed it.

54 posted on 10/04/2005 1:04:18 PM PDT by dts32041 ( Robin Hood, stealing from the government and giving back to tax payer. Where is he today?)
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To: Gay State Conservative
If gun makers are responsible for who their products are aimed at,why aren't baseball bat makers,auto makers or knife manufacturers responsible for who their products are "aimed" at?

Because you can't overthrow tyrannical governments with the latter items.

55 posted on 10/04/2005 1:07:36 PM PDT by Tolerance Sucks Rocks (Hey, Cindy Sheehan, get over yourself, already!)
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To: neverdem
The actual text of the order of the Court:

05-118 BERETTA U.S.A. CORP., ET AL. V. DISTRICT OF COLUMBIA, ET AL.

The motion of petitioners to defer consideration of the petition for a writ of certiorari is denied. The petition for a writ of certiorari is denied. The Chief Justice took no part in the consideration or decision of this motion and this petition.

Interesting...although I believe it is not necessary for the entire Court to consider all petitions. It could very well have been some of the more liberal members blocking action.

56 posted on 10/04/2005 1:08:50 PM PDT by krazyrep (Demolib Playbook Rule #1: Never admit your mistakes. If caught, blame them on Republicans.)
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To: msnimje
This article is written to upset conservatives.

The Court did not DECIDE anything other than not to hear this case.

Sad as it is, the Supreme court cannot hear all the cases presented to it.

I bet it works. This is a case they should hear and put a stop to. But not to worry the President has assured us his court picks will be originalists.

57 posted on 10/04/2005 1:19:13 PM PDT by itsahoot (Any country that does not control its borders, is not a country. Ronald Reagan)
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To: 1Old Pro
I wonder what else is in the senate version if the normally pro-gun GOP House hasn't passed it.

Senate Passes Gun Control Amidst Protection For Gun Makers

From glancing at the link, it just mentions mandatory trigger locks, but I know it also has an amendment in effect calling for the DOJ or AG to study ammunition that can penetrate routine LEO body armor, which happens to include almost all, if not all, centerfire rifle ammunition. It was to deflect an amendment by the swimmer to ban ammo and weapons that can penetrate such body armor, IIRC. It's S. 397. I know the clean House version is H.R. 800. I just checked at http://thomas.loc.gov/

58 posted on 10/04/2005 1:20:51 PM PDT by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: Brilliant
What does it matter whether the gun you're shot with is an assault weapon, or a simple .45 revolver?

Or a cross-bow, or a dart gun. Series, it is abolutely amazing how stoopid the anti-gun types are.

59 posted on 10/04/2005 2:12:13 PM PDT by Cobra64
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To: jonascord
***As I understand it, several "poison pill" amendments have been tacked on, including a functional ban on centerfire rifle ammunition.****

No, that was last year and a different Bill.

This time there are no poison pills attached - like Kennedy's "Cop Killer Bullet" baloney last year. The rats did try though but the amendments went down in flames. Ergo, so far its a clean bill. (operative words being "so far")

60 posted on 10/04/2005 2:29:50 PM PDT by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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