RECKLESS LAWSUIT DISMISSED "WITH PREJUDICE"

"..the City's complaint is an improper attempt to have this Court substitute its judgement for that of the legislature..."

-- Cincinnati Court of Common Pleas Judge Robert P. Ruehlman

      The City of Cincinnati experienced American justice at its finest this week when Judge Robert P. Ruehlman dismissed the city's reckless lawsuit against certain firearm manufacturers and one distributor. Judge Ruehlman's decision was made "with prejudice," meaning Cincinnati cannot attempt to amend and refile the suit.

Robert P. Ruehlman: 46, Miami Heights. Judge, Hamilton County Common Pleas Court. Law degree, University of Cincinnati. Family: wife, Mary Teresa; sons, Rob, Mike, Nick, Dan, Jimmy; daughters, Kate and Liz. Experience/qualifications: Ten years as a trial lawyer and 12 years as a trial judge. "...All lawyers know that I move my docket. If you are a litigant, you will receive quick resolution..."

      This decision sends a strong message to all other municipalities that have filed similar reckless suits in an attempt to hold lawful, legitimate manufacturers responsible for the criminal and negligent misuse of their products. Judge Ruehlman's decision stated, among other things, that, "the City's complaint is an improper attempt to have this Court substitute its judgement for that of the legislature.... [O]nly the legislature has the power to engage in the type of regulation that is being sought by the City here. Moreover, the City's request...exceeds the scope of its municipal powers and...violates the Commerce Clause of the United States Constitution."

      "This is a major victory for those who believe, as NRA members believe, that we must hold criminals accountable for their crimes," said NRA-ILA Executive Director James Jay Baker. "And this dismissal is a major blow for the greedy attorneys seeking enormous contingency fees and for the mayors seeking scapegoats to blame for their own failure to enforce current laws and prosecute violent criminals. We are confident that other cities that have filed such reckless lawsuits will soon hear the same message."

      Baker noted that most Americans oppose these types of lawsuits. "In poll after poll, the vast majority of Americans believe these suits are wrong," Baker said. "The very notion of trying to hold a third party that operates in total compliance with the law responsible for the deviant, criminal actions of another is a notion that flies in the face of common sense and our system of American jurisprudence."

      During the past year, NRA has successfully worked to enact legislation in 13 states to prohibit municipalities from filing such reckless lawsuits against firearms manufacturers. Included are Georgia and Louisiana, states in which such reckless suits had been filed. Additionally, U.S. Representative Bob Barr's (R-Ga.) H.R. 1032, which would prohibit any litigation that seeks to hold manufacturers, distributors, dealers, and importers who deal in non-defective firearms responsible for the misuse of their products, is still awaiting action by the U.S. House. NRA will continue with its legislative efforts on this front -- efforts that are drawing greater support as it has become more evident that these suits are totally without merit.

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This information is provided as a service of the National Rifle Association Institute for Legislative Action, Fairfax, VA.

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