From the May 23, 2006 edition of the Washington Post–Federal Law Negates D.C. Suit Against Gunmakers, Judge Rules:
A lawsuit in the District against gunmakers was dismissed yesterday by a D.C. Superior Court judge who ruled that the suit was precisely the sort of claim that a new federal law was intended to block.
In a 37-page opinion, Judge Brook Hedge wrote that the city and the federal government had two competing policies, and only one could prevail.
“The Court is faced with a classic tension between two elected branches of different governments, two equally clear legislative judgments, but each enforcing opposite policies,” Hedge wrote.
“At bottom,” she said, the federal law was enacted “to prohibit the very types of lawsuits the Strict Liability Act allows.”
And unless she was persuaded that the federal law was unconstitutional — which she was not — the federal law would prevail, she wrote.
And from the National Shooting Sports Foundation news release:
This is the third case against the gun industry to be dismissed based on the Protection of Lawful Commerce in Arms Act signed into law by President Bush last October.
In March, Los Angeles-based federal district court judge Audrey B. Collins became the first judge in the nation to dismiss a case based on the new legislation. Collins dismissed a public-nuisance lawsuit filed against Glock and gun distributor RSR by victims and family members of the now infamous “Jewish Daycare Center” shooting in Los Angeles in 1999 by Buford Furrow, a crazed homicidal maniac.
Last Friday, Los Angeles County superior court judge Charles W. Stoll dismissed a case filed on October 18, 2005, against three firearm manufacturers and a distributor following a gang shooting of a Los Angeles police officer during a traffic stop.
Links are via a post at Alphecca.
Just because we have made progress doesn’t mean we can back off. We need to keep pushing and drive the bigots into political extinction.