Brady Center Hails Landmark Ruling Against Gun Industry in Ceriale v. Smith & Wesson

Brady Center to Prevent Gun Violence (automatic air-sickness bag alert) ^ | 1/2/2002 | some faceless, nadless Brady Shill

[RogueIsland]

Brady Center Hails Landmark Ruling Against Gun Industry in Ceriale v. Smith & Wesson

Illinois Appellate Court Allows Case to Move Forward

Today, the Brady Center to Prevent Gun Violence hailed Monday's ruling by the Illinois Appellate Court that allows a lawsuit brought by the families of several shooting victims against the gun industry to proceed. The case, Ceriale v. Smith & Wesson Corp. et al., seeks to hold several gun manufacturers and dealers liable for contributing to a public nuisance by making guns readily available to criminals and juveniles.

"This ruling is a stunning blow to the gun industry," said Dennis Henigan, Director of the Brady Center's Legal Action Project. "It has long been known that the gun industry's distribution system functions to fuel the highly-profitable illegal market. This court has laid the legal foundation for holding the industry accountable to the victims of that system. We will soon see the day when the gun industry will no longer be permitted to profit with impunity from conduct that victimizes innocent people."

In the Ceriale case, the families of slain Chicago Police Officer Michael Ceriale and four other victims of unrelated criminal shootings are suing gun manufacturers and distributors for creating a public nuisance by fostering a criminal market that supplies firearms to gang members and juveniles. In November 1999, the Circuit Court of Cook County denied a motion by the defendants to dismiss the case and the gun industry appealed that decision to the Illinois Appellate Court.

In another lawsuit pending in Chicago, Anderson v. Bryco Arms, Brady Center lawyers are making similar legal claims on behalf of the victims of white supremacist Benjamin Nathaniel Smith's racist shooting rampage. These plaintiffs are suing the parties that armed Smith, including the gun manufacturer, an Illinois gun shop, and a gun trafficker. In July 1999, Smith shot 11 people, killing two, including Indiana University graduate student Won-Joon Yoon and former Northwestern University basketball coach Ricky Byrdsong, whose families are among the plaintiffs in this lawsuit.

Smith had been prohibited by law from possessing guns because a domestic violence restraining order had been issued against him. However, he was able to obtain the guns he needed to carry out his assault through the irresponsible actions of a licensed gun dealer, a gun trafficker, and a gun manufacturer who were more than willing to supply him. The manufacturer, Bryco Arms, supplied a corrupt dealer, Old Prairie Trading Post, with all the guns it desired, without limitation or reasonable restrictions as to how or to whom they should be resold. Old Prairie then sold over 60 guns to a gun trafficker, Donald Fiessinger, although it was clear that Fiessinger intended to sell them illegally. After Benjamin Smith was turned away from a gun store after failing a background check, Fiessinger supplied him with a Bryco .380 -- with no questions asked. Smith then commenced his shooting spree. The Anderson suit seeks damages for the public nuisance caused by the defendants' irresponsible distribution practices.

In October 2001, the Cook County Circuit Court heard arguments in Anderson on the defendants' motion to dismiss. A decision has not yet been handed down.

This same appeals court will consider the lawsuit against the gun industry filed by the City of Chicago and Cook County. That suit, which also makes public nuisance claims, had been dismissed by a Circuit Court judge in September 2000, but is currently on appeal to the Illinois Appellate Court. Cook County and Chicago are among 32 cities and counties that have filed suit against the gun industry. The Legal Action Project represents 26 of these public entities.

[RogueIsland]

The steady bleating to establish a nation of grovelling slaves continues unabated...

[SteveH]

bang list bump

[Diddle E. Squat]

Given the logic of this lawsuit and ruling, could not lawyers be held liable for the bankruptcy of companies resulting from the asbestos litigation?

[coloradan]

Had the Feds put the background-check failer in jail as soon as he failed the check, Ricky Byrdsong would still be alive today. But, enforcing the law was not a priority to the Reno "justice" department since, "We don't want to clog the courts."

So, let's see local, state, and federal police added to this lawsuit.

[snbowman]

Logic? Let's sue kitchen knife manufacturers, pain medication developers, fast food companies, automobile companies... lets sue God for human beings...

[snbowman]

Americans are so enamored of equality that they would
rather be equal in slavery than unequal in freedom.
-- Alexis de Tocqueville

[RogueIsland]

de Tocqueville's precience never ceases to amaze me.

[harpu]

The only story here . . . is that a bunch of butthole lawyers will make an income off this nonsense until SCOTUS shoots the whole mess done!

[harpu]

The only story here . . . is that a bunch of butthole lawyers will make an income off this nonsense until SCOTUS shoots the whole mess - - - oops, that should be -> down!

[RogueIsland]

The only story here . . . is that a bunch of butthole lawyers will make an income off this nonsense until SCOTUS shoots the whole mess - - - oops, that should be -> down!

Don't understimate the enemies of freedom. They know that unless the USSC gets more liberal members, this is DOA just for the product liability ramifications on other businesses. But the REAL goal is to bankrupt as many gun manufacturers as possible in the interim. It could easily succeed in that goal.

[tomakaze]

Sue the lawyers, judges, activists, everyone involved for conspiracy to deprive people of their civil rights.
Who cares if they'll throw out every suits, just keep it up, clog the courts.
Get nasty.
They started it.

[tomakaze]

including Sarah and here incredible burbling meat puppet, Jimmy.

[Excuse_My_Bellicosity]

Very nice. So if a drunk driver runs over a cop, the family now has the right to sue General Motors? Great, just great.

[tomakaze]

RE:Very nice. So if a drunk driver runs over a cop, the family now has the right to sue General Motors? Great, just great.

Right, but only if it's a cop so don't worry good citizen, everything's just hunky-dory.

[AAABEST]

Gee I guess S&W thought they had it made when they sold their souls to the Klinton admin. They better start realizing who their friends are.

[68-69TonkinGulfYachtClub]

Time for America to do away with ALL laws that violate the 2nd amendment.

Text of the Second Amendment
"A well regulated Militia
being necessary to the security of a free State,
the right of the people to keep and bear Arms shall not be infringed."
Anyone who actually reads AND understands the 2nd Amendment
will see that there is no constitutional authority for any type of gun registration
and *there is no need for anyone to have to apply for a license to carry a gun.
*NOTE Vermont is the only state that understands this!
Any political party, politician, judge (etc), organization or individual who trys to convince you that:
1) you must register a firearm
2) you must pass a background check
3) you must wait (x) amount of days before you can get your firearm
4) you need to have a license to carry a gun
is either uneducated about OUR rights as citizens
OR is actively working to undermine OUR country.

How Did the Founders Understand the Second Amendment?

How the Brady Bill Passed (and subsequently - "Instant Check")
When the Brady Bill was passed into law on November 24, 1993,
the Senate voted on the Conference Report
and passed the Brady Bill by UNANIMOUS CONSENT.

NOT ONE SENATOR FROM EITHER PARTY VOTED AGAINST THIS

[Excuse_My_Bellicosity]

That's probably the goal. The Brady camp know they can't win in court, but they are probably planning on suing gun manufacturers into bankruptcy. I don't know where these liberal idiots get their funding. They must get donations from a lot of gullible people and they probably qualify for some sort of government grants.

[tomakaze]

RE:The steady bleating to establish a nation of grovelling slaves continues unabated...

Establish? I thought they did that back in 1913 - the rest to this point is just mop up.

[Mr.E]

My keyboard is responsible for all the spelling missteakss??

[ataDude]

You are missing a link.....S&W was sold by the Brits last year to an Arizona company who has been trying to escape the prior company's follies.