California's Supreme Court Rejects
Brady Bunch's Reckless Suit
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"...The suit against Navegar may have been the crown jewel in the gun-ban
movement's ongoing attempt to bankrupt the lawful firearm industry..." |
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Justices voting to support CA
law, from left-to-right --
Associate Justice Ming W. Chin,
Chief Justice Ronald M. George,
Associate Justice Marvin R. Baxter,
Associate Justice Joyce L. Kennard,
Associate Justice Janice R. Brown
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The gun-ban lobby formerly known as HCI/CPHV
was dealt yet another
crushing defeat in the courts on Monday when the California Supreme
Court handed down an overwhelming 5 to 1 majority ruling that stated the
obvious: gun makers cannot be held responsible when their lawful
products are used in the commission of violent crimes.
The suit,
Merrill v. Navegar,
was originally filed in 1994 by HCI/CPHV's Legal
Action Project as an attempt to hold Navegar, Inc., a Florida-based gun
maker, responsible for the 1993 murderous rampage by Gian Luigi Ferri at
a San Francisco office building. In 1997, the suit was dismissed by a
trial judge, but a narrow 2 to 1 appellate court ruling in 1999 allowed
the case to continue.
Monday's decision reversed the 1999 decision,
ruling the suit was prevented by a 1983 law prohibiting civil cases
against the manufacturer of defectless, lawful firearms.
The suit against Navegar may have been the crown jewel in the gun-ban
movement's ongoing attempt to bankrupt the lawful firearm industry with
exorbitant legal expenses. In 1999, the Legal Action Project hailed the
appellate ruling as a "historic victory," and claimed it would have
"far-reaching implications" for similar suits.
But Sarah Brady's legal
team is clearly as out of step with judicial trends as it is with
mainstream America. The courts have consistently
rejected these
attempts to further the anti-gun agenda by using the judiciary to bypass
the people's elected representatives, and poll after poll shows the
general public abhors these abuses of our judicial system.
The
California ruling is the second by a state supreme court rejecting
reckless lawsuits, and numerous lower-level courts have handed down
similar rulings.
Related Stories...
More Info About Reckless Lawsuits Against Gun-Makers
Oct 2000 - U.S. Supreme Court Rejects Petition to Review Navegar v. U.S.
Oct 1999 - Charges Dropped Against Judge
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