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CITIES' SUITS AGAINST GUN MAKERS
SUFFER
MAJOR DEFEAT
The City of New Orleans' landmark lawsuit against gun makers, which
sought
to hold these manufacturers responsible for the
criminal use of their legal and non-defective products, was today
dismissed by the Louisiana Supreme Court.
In filing the first-of-its-kind lawsuit in October of 1998, New Orleans
officials and attorneys acknowledged that their ultimate goal was to
pressure firearms makers into accepting municipally-imposed restrictions
on
their businesses. In response to the suit, however, the Louisiana
legislature and Governor Mike Foster acted quickly to assert and protect
the
state's authority to regulate firearms by enacting a law that prohibits
Louisiana cities from suing firearms manufacturers for the lawful sale
and
distribution of firearms.
In its decision today, the Louisiana Supreme Court ruled that the
state's preemption statute could be applied retroactively to dismiss
the
City's suit without violating either the United States or the Louisiana
state constitutions. The Supreme Court ruled the New Orleans suit was
". . .
an indirect attempt to regulate [at the local level] the lawful design,
manufacture,
marketing and sale of firearms." The Court said the preemption
law was
passed "in the interest of the public" and that state regulation of
firearms
"is of vital interest to the citizens of Louisiana" which "preserves
the
public safety and welfare." The Court noted that municipal suits
that
attempt to regulate the firearms industry would result in haphazard
and
inconsistent rules which would threaten public safety.
Since the New Orleans suit, some 30 similar suits have been filed across
the
country. Of these, 14 have been decided, with 13 being fully
or partially
dismissed. In addition to Louisiana, 23 other state legislatures
have
enacted preemption laws to protect their authority to regulate firearms
and
to preclude politically motivated and inconsistent regulations threatening
public safety.