Industry Coalition To Appeal
Illinois Court Decision
|
"...The court's reasoning fits the textbook definition of arbitrariness..." |
|
|
-- Daniel Polsby, law professor at George Mason University |
|
Robert Delfay |
As reported in
last week's FAX Alert, an appellate court in Illinois
allowed a reckless lawsuit against various gun manufacturers and
distributors to proceed under the theory that the firearm industry was
creating a public nuisance. On the heels of that misguided ruling, the
Hunting & Shooting Sports Heritage Foundation (HSSHF) issued a press
release noting that the group has committed its financial resources to
an appeal of that case.
Robert Delfay, President and CEO of the Hunting and Shooting Sports
Heritage Foundation commented, "This decision seems to totally ignore
the fact that every step in the sale and distribution of a firearm is
controlled and regulated by the federal government. Manufacturers,
distributors and retailers of firearms must be federally licensed, and
the retail purchaser must undergo an FBI background check before he or
she can take possession of his or her firearm. It is just unfair and
illogical to maintain that a manufacturer that supports and complies
with all of these regulations can be held liable 10 or 15 years down the
road if a criminal obtains and uses a firearm illegally."
Prof. Polsby |
"The court's reasoning fits the textbook definition of arbitrariness.
The principle it announces is lawless because it is incapable of being
generalized, it is good for only this one instance," commented
Daniel Polsby, law professor at George Mason University.
"The Illinois General
Assembly vigorously surveils and regulates the sale of firearms, but the
court's decision effectively sets all the balancing and negotiation and
deliberation of the state's constitutional lawmaking processes at
naught. A blow is thus struck against both democratic practice and
against the rights of peaceable taxpaying businesses and their
customers. The crowning irony is, not a scintilla of public safety is
bought with this expensive coin," Polsby said.
"This is a poorly reasoned decision that runs contrary to every other
appellate court in the country," notes
Lawrence G. Keane, National
Shooting Sports Foundation vice president and general counsel. Keane
continued, noting, "State Supreme Court decisions in New York,
California, Florida, Connecticut and Louisiana have all concluded that
manufacturers of legal, highly-regulated, non-defective products cannot
be held legally responsible for the acts of criminals."
"If this extraordinary legal theory is allowed to go
forward, it's 'Katie bar the door' for the manufacturer or
retailer of any consumer product if that product's use in a crime might
be reasonably foreseen," Delfay said. "This ruling is doubtless being
cheered by personal injury lawyers who can look forward to suing
gasoline refiners, match manufacturers, auto makers, champagne bottlers,
cutlery merchants and any other supplier of a legitimate consumer
product for any foreseeable use of their products in crime."
We will be monitoring this case and related developments closely, and
will keep you posted accordingly.
Related Stories...
More About Federal Issues
NSSF Press Release
|
|
