Calif. Judge Dismisses Suit against Gun Industry

CNSNews.com ^ | 3/07/03 | Robert B. Bluey

[kattracks]

(CNSNews.com) - A California Superior Court judge dismissed a lawsuit Friday against gun manufacturers and distributors, according to the National Shooting Sports Foundation (NSSF).

Twelve California cities and counties sued the firearms industry for marketing guns that could be bought by criminals and youngsters.

Judge Vincent P. DiFiglia made the ruling Friday, said Gary Mehalik, spokesman for the gun-rights organization. DiFiglia had not yet ruled on a motion against trade associations, like the NSSF, Mehalik said.

"The judge has summarily dismissed the charges, meaning there is no basis here for a case," Mehalik said.

The case drew parallels to lawsuits filed against the tobacco industry in the 1990s. It even had a so-called whistle-blower in Robert A. Ricker, a former executive director at the American Shootings Sports Council and National Rifle Association lawyer.

Gun-rights groups called the lawsuit foolish, and Mehalik was hopeful DiFiglia would dismiss the suit in its entirety.

"You can't blame honest people for the things criminals do," Mehalik said. "We distribute a legally manufactured product through a chain that is licensed by the federal government. Because somebody misuses something that a manufacturer builds doesn't mean that the manufacturer has done anything wrong.

"It's the equivalent of saying that if somebody goes out and drinks and gets in a car and runs over someone, the victim's family gets to sue the person who brewed the beer and made the car," he added. "It's crazy."

Los Angeles and San Francisco were two of the cities involved in the lawsuit. Gun-control groups had no immediate reaction to the decision.

More to Follow

[FreeTally]

Woo-Hoo!!

Even though its Cali, I expected nothing different. Every judge knows the ramifications of allowing such a suit.

[Tailback]

Will this be appealed up to the 9th circuit court (which will uphold the suit)?

[Lurking Libertarian]

Will this be appealed up to the 9th circuit court (which will uphold the suit)?

The suit was filed in California state court, not federal court, so any appeal is to the California Court of Appeal and then to the California Supreme Court, not to the 9th Circuit.

[Constitution Day]

BANG!

[Lee Heggy]

"Twelve California cities and counties sued the firearms industry for marketing guns that could be bought by criminals and youngsters."

Up next...Twelve California cities and counties want special money minted that will be unavailable to criminals and youngsters for the purchase of firearms.

[dd5339]

More good news!

Semper Fi

[Vic3O3]

ping

[BamaGirl]

Why don't I ever hear two simple words as an argument (even on this forum):

PERSONAL RESPONSIBILITY

You are responsible for your actions, and no one else.

This rule of thumb would decide many issues (gun control, tobacco, abortion) immediately and decisively. To ignore this rule is to assume that people are stupid and cannot think for themselves (and therefore a caretaker, like the government, has to think for them, feed them, clothe them, etc., like so many mindless sheep).

[justshutupandtakeit]

I want to see the gun industry counter sue the idiots who filed this case. Sure the taxpayers would have to pay for any settlement but they might not like it and not vote for these dumbasses next time around.

[2nd_Amendment_Defender]

"The judge has summarily dismissed the charges, meaning there is no basis here for a case," Mehalik said.

Alright! We have a judge in California with an understanding of the Constitution. I hope these judges are not the rare exception.

[GalvestonBeachcomber]

The cities argument is much the same as claiming Mercedes is responsible for Clara Harris running down her husband.