New Law Results in California Judge Dismissing Lawsuit Against Firearm Manufacturers

marketwire.com ^ | 5/19/2006 | NSSF

[kerryusama04]

New Law Results in California Judge Dismissing Lawsuit Against Firearm Manufacturers

NEWTOWN, CT -- (MARKET WIRE) -- 05/19/2006 -- Citing the Protection of Lawful Commerce in Arms Act that blocks unwarranted lawsuits against firearms manufacturers, Los Angeles County Superior Court Judge Charles W. Stoll today ruled from the bench ordering complete dismissal of all causes of action against defendants Beretta, Smith & Wesson, Colt and Turners Outdoor Sports, a California firearms dealer, in a case involving the gang murder of a Burbank police officer.

Members of the "Violent Boyz" gang killed Officer Mathew Pavelka in the line of duty during a shootout on November 15, 2003. The complaint, which was brought by Pavelka's relatives, alleged public nuisance, negligence and wrongful death. Defendants Beretta, Smith & Wesson, and Colt were named because their lawfully sold products were used by the gang members. Turners lawfully sold the firearm that was later misused by gang members.

Lawrence G. Keane, senior vice president and general counsel of the National Shooting Sports Foundation, the trade association for the firearms industry, called the dismissal a significant victory. "While we are dismayed at the tragic loss of life of a brave police officer at the hands of brutal criminals, it's nevertheless wrong to blame manufacturers of tools that law enforcement uses to protect the community."

"Congress passed the Protection of Lawful Commerce in Arms Act precisely to prevent junk lawsuits like this where common sense tells you that manufacturers should not be held responsible for the misuse of their products by criminals," added Keane.

This was the second time since Congress passed the law last October that a judge cited it in dismissing a case. In March, Los Angeles-based federal district court Judge Audrey B. Collins became the first judge in the nation to base a decision on the Protection of Lawful Commerce in Arms Act. Collins dismissed a public-nuisance lawsuit filed against Glock and the distributor RSR, which was brought by victims and family members of the now infamous "Jewish Daycare Center" shooting in Los Angeles in 1999 by Buford Furrow, a crazed homicidal maniac.

The case of Pavelka v. Beretta U.S.A., Corp. et al. was filed in the Superior Court of California, Los Angeles County, on October 18, 2005. Industry defendants moved for immediate dismissal of the complaint upon the enactment of the Protection of Lawful Commerce in Arms Act (Public Law 109-92).

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For more information contact:
Lawrence G. Keane
(203) 426-1320
Email Contact

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[kerryusama04]

ping

[GovernmentShrinker]

Members of the "Violent Boyz" gang killed Officer Mathew Pavelka in the line of duty during a shootout on November 15, 2003.

Lemme guess. These "Violent Boyz" had no priors whatsoever, so there was no way they could have been locked up, so there was no way they could have been prevented from shooting a police officer, except by eliminating access to firearms for the entire citizenry.

It is hardly the gun manufacturers' fault that California (and most other states) simply refuse to lock up violent criminals before they kill somebody.

[Brilliant]

I'm surprised. Since when do judges, particularly California judges, pay any attention to laws?

[2harddrive]

The Violent Boyz were acting in the Line of Duty when they killed the cop????

[TheDon]

This is great news. It does help protect our 2nd Ammendment rights.

[paul51]

I understand the anger of the family however, it's misdirected. Gun manufacturers and lawful owners of guns had nothing at all to do with the officers death.

[absalom01]

Should be "Vineland Boys".

More on the (ex) gang here:
http://www.dea.gov/pubs/states/newsrel/la062105.html

A bizarre twist is further described at the link below:
http://www.alipac.us/article546.html

Turns out a coke-head city councilwoman and her doper boyfriend traded guns for coke with the above-mentioned "boys".
BTW, Turner's (named in the dismissed suit) is the largest remaining retailer of firearms in southern California.

[Swordmaker]

"Members of the "Violent Boyz" gang killed Officer Mathew Pavelka in the line of duty during a shootout on November 15, 2003."

What school of Journalism would allow this travesty of grammar into print? Oh, all of them.

I was unaware that gang members had a duty to kill police officers.

[Swordmaker]

The Violent Boyz were acting in the Line of Duty when they killed the cop????

That one stopped me in my tracks as well. It must come from the lack of teaching sentence diagramming in class... even English classes.

[monkeyshine]

Some good from tragedy. Maybe in another generation Californians will realize that there is no solace in extracting money for tragic murders - but that allowing law-abiding citizens the right to carry arms would help prevent tragedies like the shooting rampage at the day care center. If only 1 brave person had a weapon they might have been able to take out the shooter. Instead, as this story shows, the only people who seem to carry guns are cops and criminals, leaving ordinary citizens at the mercy of both. Not a good situation.

[kerryusama04]

Only when the common perception matches the reality that the right to keep and bear arms is not a right that anyone on this plane of existence can allow or disallow will we be truly free.