Appeals Court Upholds Dismissal Gun Suit Philadelphia
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Appeals Court Upholds Dismissal Gun Suit Philadelphia





. In a unanimous ruling, the Third Circuit Court of Appeals has upheld the dismissal of Philadelphia’s lawsuit against firearms manufacturers. The court rejected complaints that the industry creates a public nuisance with marketing and distribution of its products, noting that the ". . . gun manufacturers do not exercise significant control over the source of the interference with the public right." Further, the judges note the ". . . distribution scheme is not only lawful, but also is prescribed by statute with respect to the manufacturers’ conduct. We reiterate that gun manufacturers first ship their guns to independent, federally licensed distributors and dealers. Only then may the licensed dealer sell the gun to a purchaser who has been cleared by the [FBI] and approved by the Pennsylvania State Police.” Larry Keane, NSSF vice president and general counsel, finds "The federal appellate court’s unanimous common-sense decision that manufacturers of legal, highly regulated, non-defective products cannot be held legally responsible for the deliberate and criminal misuse of their products stands in stark contrast to the recent Illinois appellate court decision that would allow a similar lawsuit in Chicago to go forward.”
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