THIRTY-THREE STATES HAVE LAWS BANNING UNWARRANTED LAWSUITS-LAST WEEK CALIFORNIA APPELLATE COURT UPHELD DISMISSAL OF LA. & SAN FRANCISCO SUITS

Washington, Feb 15, 2005 - "Opponents of our Second Amendment rights, after failing in the legislative process, have been abusing the judicial process to achieve their goals," said Rep. Cliff Stearns (R-FL). "Several cities, counties, and individuals have sued the firearms and ammunition industries for the damages and injuries resulting from the criminal use of guns by third parties. These lawsuits employ dubious legal theories that have no legal merit; they are merely attempts to impose their gun control agenda using the courts."

Stearns today reintroduced the Protection of Lawful Commerce in Arms Act, which protects firearm manufacturers and dealers from these junk lawsuits. This measure provides protection only against suits based on the criminal or unlawful acts of third parties; not against the companies' own possible negligent or criminal conduct. "Under this measure, manufacturers or sellers must operate entirely within federal and state law and are still liable for acts of negligence and for defective products," explained Stearns. "Thirty-three states, including Florida, have passed legislation prohibiting these types of lawsuits; this measure mirrors at the national level what these states have done."

Various courts have dismissed twenty of these lawsuits, and every appellate court in the nation that has considered such a suit has ordered the case dismissed. Last week, a California appellate court unanimously upheld a superior court decision dismissing lawsuits filed by Los Angeles, San Francisco, and 12 other municipalities against the firearms industry. In addition, the Supreme Courts of three states have dismissed similar lawsuits. The House approved this legislation in 2003 with a bi-partisan vote of 285 to 140. However, language added in the Senate made the bill unacceptable to its supporters. "I look forward to the House again quickly approving this legislation and ending the abuse of our court system with these frivolous lawsuits," concluded Stearns.