by Joseph P. Tartaro
Executive Editor

In a Mar. 19 decision applauded by the National Shooting Sports Foundation (NSSF) and the National Rifle Association (NRA) the Illinois Supreme Court dismissed yet another reckless lawsuit aimed at putting firearms manufacturers out of business.

Adames v. Beretta was dismissed under the Protection of Lawful Commerce in Arms Act of 2005 (PLCAA). The court’s order affirmed the original trial court judgment in the case.

This is the second judicial decision so far this year upholding a dismissal under the PLCAA. Ten days earlier, the US Supreme Court denied appeals in the cases of New York v. Beretta and District of Columbia v. Beretta as reported in the Apr. 1 issue of Gun Week.

NRA chief lobbyist Chris W. Cox said, “We are pleased that the Court recognized that the Protection of Lawful Commerce in Arms Act is the law of the land. America’s law-abiding firearms manufacturers must be protected from reckless suits, such as this one, that have no legal merit. Blaming gun manufacturers for the acts of criminals is not the way we do things in America, and today the Illinois Supreme Court confirmed this view.”

The Illinois Supreme Court found that “the discharge of the Beretta was caused by a volitional act that constituted a criminal offense, which act shall be considered the sole proximate cause of any resulting death.”

The Court also agreed with the appellate court in finding the PLCAA was constitutional. Finally, it let stand the trial court’s findings that “the Beretta (pistol) was not unreasonably dangerous or defectively designed” and that the danger of pointing a gun at another person and pulling the trigger is open and obvious, even if the person pointing the gun mistakenly believes that the gun is not loaded.

“The Illinois Supreme Court’s decision recognized that federal law preempts misguided lawsuits that seek to blame manufacturers for the criminal acts of others,” said Jeffrey K. Reh, Beretta USA Corp.’s general counsel and vice general manager.

“That the Brady Center continues to solicit funds from donors to support these types of lawsuits in the face of stunning defeat after stunning defeat remains a triumph of illusion over fact,” commented Reh.

Following the dismissal, the firearms industry urged the city of Gary, IN, which has sued several firearms manufacturers for “gun violence,” to drop its lawsuit:

“In light of the Illinois Supreme Court’s decision yesterday, and the refusal of the United States Supreme Court to consider appeals by New York City and Washington, DC, we call upon the city of Gary to respect federal law and end its baseless lawsuit against responsible and law-abiding members of our industry,” said Lawrence G. Keane, senior vice president and general counsel for NSSF.