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Illinois Court Dismisses Case Against Gun Manufacturers


A landmark lawsuit brought by the City of Chicago and by victims of gun-related violence was dismissed today in the Illinois Supreme Court when the justices unanimously ruled that gun manufacturers cannot be held legally responsible for gang violence on the street.

The plaintiff's argued that the companies that make guns are aware of their use by a criminal element and that they market their wares to cater to criminals and gang memebers. The City of Chicago was seeking damages in the amount of $433 million which the city claims it paid out in gun-related law enforcement and medical bills.

While all seven justices ruled in favor of dimissing the case, the allegations brought forth by the plaintiffs caused five of the seven to issue a separate opinion urging the Illinois State Legislature to create tougher gun control laws.

'Allegations about defendants' conduct, if true, suggest that defendants were not only aware that their products were used by third parties for criminal acts, but the defendants affirmatively sought to increase their profit by pandering to that market,' wrote the dissenting judges. They also noted that there are less restrictions placed on their product by gun manufacturers than are placed on chemicals or paint.

The decision held, 'The mere fact that defendants' conduct in their plants, offices, and stores puts guns into the stream of commerce does not state a claim for public nuisance. It is the presence and use of the guns within the city of Chicago that constitutes the alleged nuisance.'

The judges also wrote that individuals had to take personal responsibility for their actions with guns.

Similar lawsuits have been brought against gun manufacturers across the country. This decision will not have a direct effect on those cases.

Brad Kurtzberg



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