NEWS RELEASE
SAF APPLAUDS CALIFORNIA APPEALS COURT DISMISSAL OF GUN LAWSUITS
The Second Amendment Foundation today applauded the decision by a
California appellate court upholding the dismissal of anti-gun lawsuits
by Los Angeles, San Francisco and other municipalities.
The lawsuit had originally been dismissed by California Superior Court
Judge Vincent P. DiFiglia in March 2003. The lawsuits, filed by
Berkeley, Compton, Inglewood, Los Angeles, Sacramento, San Francisco,
and West Hollywood, and the counties of San Mateo and Alameda, alleged
that gun makers engaged in unfair trade practices and that resulted in
criminal misuse of firearms, causing a "public nuisance." The First
Appellate District, Division One, in the Court of Appeals of the State
of California upheld the dismissal.
"This is clearly one more in a series of dismissals of a frivolous legal
action against a highly-regulated industry," said SAF Founder Alan
Gottlieb. "There could be no greater proof that Congress needs to pass
legislation against these lawsuits than the lawsuits, themselves, and
their dismissal rate. We are hardly surprised that the unanimous appeals
court ruling, authored by Judge James Marchiano, found that the only
business practice the defendants in this case have engaged in is
marketing their products in a lawful manner to federally licensed
dealers.
"For too long," Gottlieb continued, "the news media has allowed
anti-gunners to perpetuate the myth that the gun industry is
unregulated. The press may be afraid to say this, but we're not: That's
a lie, and the people who accuse gun makers of marketing their products
to criminals are liars, and they know it.
"These lawsuits aren't about public safety, protecting children or
stopping crime, and they never have been," Gottlieb stated. "These
lawsuits have been pushed solely in an effort to bully and bankrupt the
firearms industry, by extremist organizations and half-baked politicians
who have been unable to push their brand of social engineering through
Congress and the legislatures, so they turned to the courts.
Fortunately, the courts have wisely been following established law
instead of making it up as they go along, and the result has been a
series of victories for firearms makers."
The Second Amendment Foundation is the nation's oldest and largest
tax-exempt education, research, publishing and legal action group
focusing on the Constitutional right and heritage to privately own and
possess firearms. Founded in 1974, The Foundation has grown to more than
600,000 members and supporters and conducts many programs designed to
better inform the public about the consequences of gun control. SAF has
previously funded successful firearms-related suits against the cities
of Los Angeles; New Haven, CT; and San Francisco on behalf of American
gun owners, a lawsuit against the cities suing gun makers & an amicus
brief & fund for the Emerson case holding the Second Amendment as an
individual right.
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