Court Tells Detroit and Wayne County They Can’t Sue Gun Makers; Dismisses Cases

NEWTOWN, Conn. – The Michigan Court of Appeals on August 7 ruled that a state law enacted in 2000 blocked the City of Detroit and Wayne County’s lawsuits against gun makers and ordered those cases dismissed.

Detroit and Wayne County had filed suit in 1999 alleging that the criminal misuse of firearms was a “public nuisance” and that firearm manufacturers should be forced to pay millions of dollars in damages. Since 1998, almost 40 cities have filed similar lawsuits against gun makers. In response to these lawsuits, over 30 states, including Michigan, have passed legislation that blocks municipalities from suing gun makers and dealers for the harm caused by the criminal misuse of their lawfully sold, non-defective firearms. Lawsuits by New Orleans, Atlanta and Philadelphia have already been dismissed based on state laws of this type. The Court of Appeals said Michigan’s legislation was constitutional.

“We are pleased the court upheld Michigan’s legislation and dismissed these junk lawsuits that tried to blame law-abiding manufactures for the actions of criminals. Detroit’s lawsuit was a waste of taxpayers’ money,” said Lawrence G. Keane, vice president and general counsel of the National Shooting Sports Foundation, the firearms industry’s trade association.

Keane called upon Congress to immediately pass the Protection of Lawful Commerce in Arms Act (S. 659) currently pending in the Senate where 54 senators are co-sponsors, including many Democrats. The legislation, which has already passed the House of Representatives by a wide bi-partisan margin, would block suits like Detroit’s against gun makers. “Congress urgently needs to pass common-sense legal reform to restore integrity and fairness to our nation’s judicial system and put a stop to junk lawsuits that blame manufacturers for the actions of criminals,” said Keane. “Importantly, this law does not provide blanket immunity to our industry from all suits. Truly injured parties with legitimate claims will still be allowed their day in court,” added Keane.

The legislation is supported by the United States Chamber of Commerce, the National Association of Manufacturers, the National Association of Wholesalers and Distributors and other business groups.

For more information on S. 659 or to see if your state’s U.S. Senators support the bill, go to www.heritagefund.org.