Judge Dismisses Municipal Lawsuit
Against Firearms Manufacturers
Industry offers Wilmington, Delaware cooperation
in safety, crime reduction programs
NEWTOWN, Conn. - The judge hearing Wilmington,
Delaware's lawsuit against the firearm industry today granted
the industry's request for a summary judgment. In dismissing
the suit, Judge Fred S. Silverman wrote in his decision, "Handgun
violence is a scourge. But as much as the court would support
efforts to reduce the problem, the court will not twist a
jury trial involving municipal costs into a wildly expensive
referendum on handgun control. The Mayor and the City must
find another means to their ends."
Mayor James M. Baker and the city argued
that Wilmington incurred law enforcement and other costs associated
with the criminal misuse of firearms and sought to recover
those expenses from handgun manufacturers. The court's rejection
of a "municipal costs recovery rule" described the
suit as part of a nationwide effort to force change on firearms
makers or force them out of business.
"This is the latest victory supporting
the long-held principle that responsible and law abiding manufacturers
of highly regulated, non-defective products can not be held
accountable when criminals misuse their legally sold products,"
noted Lawrence G. Keane, vice president and general counsel
for the National Shooting Sports Foundation, Inc. (NSSF),
the firearms industry's major trade association and a defendant
in the case.
NSSF President Doug Painter noted, "Judge
Silverman cited the City of Boston's lawsuit against the industry
in his decision and pointed out that Boston's lawsuit was
dropped at the city's request. Boston acknowledged firearms
industry members ëare genuinely concerned with and are committed
to, the safe, legal and responsible sale and use of their
products.' Just as the industry offered there to work with
those seeking to further reduce firearms accidents and decrease
criminal violence committed with firearms, our industry stands
ready to work with Wilmington."
"The path forward in Wilmington and
in other municipalities which have embraced this obviously
faulty strategy can be best achieved through cooperation in
continued safety programs and communication, rather than pursuing
a discredited theory for litigation that wastes the tax payer's
money," Keane added.
The National Shooting Sports Foundation has
for more than 40 years been the trade association for the
makers and sellers of firearms, ammunition and associated
products, and a foremost promoter of the safe and responsible
enjoyment of such products as well as the safe storage of
firearms and ammunition. Learn more about NSSF and firearm
safety at www.nssf.org.
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