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RECENT DEVELOPMENTS December 2, 2005 The United States District Court for the Eastern District of New York ruled that New York City's landmark lawsuit against the gun industry can proceed, despite a new gun-lobby supported federal law that seeks to limit the legal liability of gun manufacturers and sellers. The Brady Center is co-counsel for New York City. After hearing arguments from attorneys representing the City, the gun industry and the U.S. Department of Justice, Judge Weinstein ruled that the City's case fits within an exception in the new statute for cases involving knowing violations of state or federal law. New York City has charged gun manufacturers and sellers with engaging in conduct that violates New York State's statute against creating a public nuisance.
October 26, 2005 Over the objections by more than 200 law enforcement and gun violence prevention organizations and individuals who fought against it for six years, Congress passed a federal law designed to shield the gun industry. The Brady Center begins its work challenging the new law in the courts.
October 17, 2005 The Brady Center filed suit on behalf of Patricia Tucker, widow of Mark Tucker, who was shot and killed on February 12, 2004, The case, filed in Superior Court in Raleigh, alleges that Cary Jewelry & Pawn negligently and illegally sold the gun to a straw purchaser who supplied Tuckers' killer with the gun.
October 6, 2005 The trial court in a case brought by the family of Anthony Oliver against Lou's Loan of Upper Darby, Pennsylvania, denied the dealer's efforts to have the case against it thrown out. The court rejected Lou's Loan's demurrer and ordered Lou's Loan to answer the plaintiff's complaint of negligence and public nuisance.
October 3, 2005 The U.S. Supreme Court declined to review a decision by the D.C. Court of Appeals in District Of Columbia v. Beretta U.S.A. Corp., upholding the District of Columbia's Assault Weapons Manufacturing Strict Liability Act. The Court's ruling allows individual plaintiffs' claims under the Act to go forward and rejects claims by the gun industry that the Act is unconstitutional under the U.S. Constitution.
September 12, 2005 After several years of litigation and two separate rulings against them, the ATF finally prevailed in its effort to prevent crime gun trace data from being released to the public. The 7th Circuit ruled that a restrictive Congressional appropriations rider makes the data "immune from judicial process." The legislation had been passed at the urging of the gun industry and the NRA and now prevents valuable crime gun trace data from being turned over under FOIA or through a subpoena.
July 28, 2005 The Brady Center filed suit on behalf of Daniel Williams of Buffalo, New York, against Hi-Point, a reckless gun manufacturer and MKS Supply, a distributor who supplied Charles Brown, a gun show dealer who sold hundreds of guns to a notorious gun trafficker. One of those guns was used to shoot and severely wound Daniel.
July 28, 2005 The Brady Center filed suit on behalf of the mother of Faheem Thomas-Childs, a 10 year-old Philadelphia boy who was shot and killed as he walked through the gates of his elementary school, on February 11, 2004. The gun used to shot and kill Faheem was purchased at a gun shop by a convicted felon and his straw purchaser in a blatant straw purchase.
July 20, 2005 The Brady Center filed suit on behalf of the family of Anthony Oliver, a 14 year-old unintentionally shot and killed by a friend with a Phoenix Arms handgun. The handgun was one of multiple guns purchased by a gun trafficker from Lou's Loans.
June 1, 2005 The Florida Court of Appeals upheld the trial court's dismissal of a suit brought by the family of Barry Grunow, a teacher who was fatally shot in May 2000 by one of his students. In November 2002, a jury awarded $1.2 million against the distributor of the gun, Valor Corp., a verdict that was thrown out by the trial judge. The case alleged that Valor was negligent in selling Saturday Night Specials without internal locks to prevent use by unauthorized persons.
April 28, 2005 Smith & Wesson agreed to settle a suit for defectively designing and failing to childproof a nine-millimeter semiautomatic pistol, which was used to shoot and severely injure Royce Ryan, an eight year old who was brain-damaged by the incident.
April 21, 2005 The D.C. Court of Appeals issued its final ruling in a lawsuit brought by the District of Columbia and individual victims of gun violence. The Court upheld the District's strict liability act, allowing the individuals plaintiffs' claims under that act to go forward and rejecting claims by the gun industry that the statute was unconstitutional under the Commerce and Due Process Clauses of the U.S. Constitution.
February 8, 2005 The U.S. Court of Appeals for the District of Columbia dismissed the NRA-backed suit attacking Washington, D.C.'s handgun ban, by a 2-1 vote. The court found that the plaintiffs did not have standing to challenge the statute as none of the plaintiffs faced imminent criminal prosecution. Seegars v. Ashcroft.
January 10, 2005 The Supreme Court let stand a 9th Circuit Court of Appeals' ruling upholding a suit brought by victims of Buford Furrow's August 10, 1999, shootings at a North Valley California Jewish Community Center where Furrow carried in an arsenal of semi-automatic handguns and rifles and opened-fire on pre-schoolers and camp counselors, and later killed a postal worker, Joseph Ileto. Ileto's parents and families of four of the injured children brought suit against the manufacturers and distributors of the guns for failing to use reasonable care in their sale and distribution, providing Furrow with access to firearms. |
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