Lawsuit against firearm industry thrown out of Ohio court
NRA News Release
8 October 1999
NRA hails dismissal "with prejudice" as first of many proving lack of merit of suits brought by greedy lawyers and scapegoating mayors
(WASHINGTON, DC) -- Municipal lawsuits that attempt to hold lawful, legitimate manufacturers liable for criminal misuse of their products have no legal merit. That is the message of today's decision by an Ohio state judge in dismissing with prejudice the suit filed by Cincinnati -- the first such lawsuit to reach court disposition.
"This is a major victory for those who believe, as NRA members believe, that we must hold criminals accountable for their crimes," said James J. Baker, executive director of NRA's Institute for Legislative Action. "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."
The decision to dismiss the case "with prejudice" means the City of Cincinnati cannot attempt to amend and refile the suit. The defendants include Sturm Ruger & Co., Beretta Corp. U.S.A., and Colt's Manufacturing Co.
"I commend Judge Ruehlman for understanding the Constitutional importance of the separation of powers, and for clearly stating that policy issues are reserved to the legislature," Baker said. The opinion states that, "the City's complaint is an improper attempt to have this Court substitute its judgement for that of the legislature ... only 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."
During the past year, the NRA has successfully worked to enact legislation in thirteen states to prohibit municipalities from filing such frivolous lawsuits against firearms manufacturers. Included are Georgia and Louisiana, states in which such suits had been filed. Baker said NRA would continue that legislative effort next year, an effort that is drawing greater support as it has become more evident that the suits lack merit.
Home > Research archive > 1999 > Lawsuit against firearm industry thrown out of Ohio court