Appeal Assistance Pledged in Wake Of Chicago Ruling
In a decisive response to a recent Illinois Appellate Court decision that could clear the way for firearms manufacturers to be held liable under a “public nuisance” theory, a broad-based industry group has pledged its financial support to appeal the decision and has invited other industries and organizations to aid in the effort.
The appellate court decision on Dec. 31, 2001, came in a case involving Chicago police officer Michael Ceriale, who was killed in a public housing project while conducting surveillance of a drug operation in 1998, and four other victims of unrelated criminal shootings. The court ruled that firearms makers could be held liable if the criminal use of their products was an “occurrence” that the manufacturer knew could result from their business practice.
“We feel that this decision totally disregards the laws and realities of federally regulated commerce in firearms and would establish untenable burdens on manufacturers and sellers of any legally sold product that might be used in the commission of a crime,” stated Robert Delfay, president and chief executive officer of the Hunting and Shooting Sports Heritage Foundation.
“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,” Delfay added.
“This is a poorly reasoned decision that runs contrary to every other appellate court in the country,” notes Lawrence G. Keane, vice president and general counsel of National Shooting Sports Foundation. “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.”
The Hunting and Shooting Sports Heritage Foundation is a non-profit industry group comprised of manufacturers, distributors, retailers and publishers in the recreational hunting and shooting sports industry.