Georgia Court Hands Firearms Makers
Major Victory
Appellate Court Rules Atlanta Suit An
Improper Attempt To Regulate Industry
NEWTOWN, CT. - In a unanimous decision, the
Georgia Court of Appeals has dismissed Atlanta’s case against
the firearms industry, ruling not only that state law preempted
the suit, but that Atlanta’s case had not “pointed to any
instance of unlawful conduct by the gun manufacturers….” Atlanta
joins a growing list of cities that have had their lawsuits
seeking to hold firearms manufacturers responsible for criminal
and accidental shootings dismissed.
Writing for a unanimous court, Judge Gary
B. Andrews, of the Georgia Court of Appeals, found that
the regulation of firearms is properly an issue of statewide
concern and that Atlanta’s suit sought “to punish conduct
which the State, through its regulations and statutory scheme,
expressly allows and licenses.” In dismissing the case,
Judge Andrews noted the “legislature’s clear directive that
municipalities may not attempt to regulate the gun industry…”
and that the city’s suit was an improper attempt to usurp
that power from the legislature.
“Every appellate court to decide a municipal
suit against the firearms industry has ruled in our favor.
We urge those mayors that have sued our industry to redirect
their priorities and to emphasize cooperation with our
industry rather than confrontation,” said Lawrence G.
Keane, vice president and general counsel for the National
Shooting Sports Foundation, the firearms industry’s major
trade association.
Twenty-seven states have already passed
statutes similar to Georgia’s that expressly bar municipalities
from filing politically motivated lawsuits against the
firearms industry and several other state legislatures
are currently considering passage of such laws.
Atlanta joins Chicago, Philadelphia,
Miami, New Orleans, Cincinnati, Gary, Indiana, Bridgeport,
Connecticut, Camden County, New Jersey and the State
of New York in having their cases against the firearms
industry dismissed.
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