Last week, the District of Columbia Court of Appeals last week unanimously
upheld a trial court`s ruling dismissing the District`s "negligence" and
"public nuisance" claims against the firearms industry. The appellate
court`s decision specifically found that none of the plaintiffs stated a
valid claim of negligence and that the District had not stated a claim of
public nuisance on the facts alleged.
However, while the court said that the District could not sue under its
unique "absolute liability" statute, it did allow that individual
plaintiffs could. In doing so, the court has thrown out the traditional
role of "liability." With the introduction of "absolute liability," a
defendant is essentially stripped of almost any defense. While the Court
took a positive step in affirming that firearm manufacturers are not
responsible for the criminal misuse of firearms due to (in this case)
"negligence" and "public nuisance," the case represents yet another
blatant example of the need to pass a comprehensive federal lawsuit
protection bill. Allowing these types of lawsuits to continue unabated
will be disastrous for the American firearm industry, and for your right
to lawfully own firearms. We owe it to ourselves, and all gun owners
across the country, to continue this fight until we pass a lawsuit bill as
soon as possible. When we succeed in ultimately enacting a lawsuit bill
into law, it will represent a monumental step forward for our rights.
Rest assured we will keep you informed of our efforts.
As you can tell from the summary, this is a mixed blessing. We won a temporary reprieve, but there isn't likely to be a shortage of willing dupes for the anti-gun crowd to play "plantiff" for the news cameras. We'll just have to fight that one when it comes, I suppose.
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