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Cincinnati tries again with its lawsuit against gun makers
Josey1
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Cincinnati tries again with its lawsuit against gun makers
By The Associated Press
CINCINNATI - The city's fight to recoup from firearms manufacturers the costs of gun-related violence is to move into a new arena on Tuesday. The Ohio Supreme Court is scheduled to hear the city's case, which has been rejected by two other courts. Cincinnati is among about 30 cities and counties nationwide that have sued the firearms industry, saying gun makers should be held liable for weapons falling into criminals' possession. Connecticut's Supreme Court on Monday rejected a similar lawsuit by the city of Bridgeport, Conn., saying the city could not recover the costs of gun-related violence. The justices said the city had not suffered such direct losses from gun violence to be able to pursue its case. Cincinnati and other local governments maintain millions of taxpayer dollars have been spent on police and emergency workers in response to gun-related crime, plus the costs of hospitalization, investigation and prosecution. Attorneys for the city of Cincinnati also are seeking a requirement that manufacturers install safety features that allow only the lawful owner of a gun to operate it. Cincinnati contends firearms that can be operated by people other than their lawful owners are defective. The firearms industry argues there is no legal basis for such lawsuits. If they succeed against gun makers, U.S. manufacturers in general could be held widely liable for misuse of their products, said Jim Baker, lobbyist for the legislative and political arm of the National Rifle Association. Producers of automobiles, matches and other products could be at risk, he said. "It's foreseeable that some percentage of their product is going to be used illegally ... whether it's knives, or baseball bats, or automobiles. You pick the product," Baker said Monday. Baker said local governments should be turning to their legislatures for relief, rather than the gun industry. Dennis Henigan, a Washington-based handgun control advocate, said gun makers could and should impose a code of conduct on gun sales outlets to keep the weapons out of the wrong hands, rather than allowing resales under questionable circumstances. Legislatures can enact laws that regulate future conduct, but only courts have authority to require financial payments for past acts, said Henigan, legal director of the Brady Center to Prevent Gun Violence. His organization represents many of the local governments _ including Cincinnati _ that have filed such lawsuits. Cincinnati's lawsuit was rejected by a state trial judge in 1999 and an Ohio appeals court in 2000. A former Cincinnati councilman who said the lawsuit was a waste of taxpayers' money unsuccessfully sued to halt it. Of 32 cities or counties that have filed such lawsuits, 19 cases are pending, Henigan said. A court dismissed a lawsuit by New York, the only state to bring such a lawsuit. Similar lawsuits by Boston and by 12 California cities are the farthest advanced in their state court systems and are scheduled for trials in autumn 2002, Henigan said. http://www.courierpress.com/cgi-bin/view.cgi?200110/02+withitsagain100201_latestnews.html
By The Associated Press
CINCINNATI - The city's fight to recoup from firearms manufacturers the costs of gun-related violence is to move into a new arena on Tuesday. The Ohio Supreme Court is scheduled to hear the city's case, which has been rejected by two other courts. Cincinnati is among about 30 cities and counties nationwide that have sued the firearms industry, saying gun makers should be held liable for weapons falling into criminals' possession. Connecticut's Supreme Court on Monday rejected a similar lawsuit by the city of Bridgeport, Conn., saying the city could not recover the costs of gun-related violence. The justices said the city had not suffered such direct losses from gun violence to be able to pursue its case. Cincinnati and other local governments maintain millions of taxpayer dollars have been spent on police and emergency workers in response to gun-related crime, plus the costs of hospitalization, investigation and prosecution. Attorneys for the city of Cincinnati also are seeking a requirement that manufacturers install safety features that allow only the lawful owner of a gun to operate it. Cincinnati contends firearms that can be operated by people other than their lawful owners are defective. The firearms industry argues there is no legal basis for such lawsuits. If they succeed against gun makers, U.S. manufacturers in general could be held widely liable for misuse of their products, said Jim Baker, lobbyist for the legislative and political arm of the National Rifle Association. Producers of automobiles, matches and other products could be at risk, he said. "It's foreseeable that some percentage of their product is going to be used illegally ... whether it's knives, or baseball bats, or automobiles. You pick the product," Baker said Monday. Baker said local governments should be turning to their legislatures for relief, rather than the gun industry. Dennis Henigan, a Washington-based handgun control advocate, said gun makers could and should impose a code of conduct on gun sales outlets to keep the weapons out of the wrong hands, rather than allowing resales under questionable circumstances. Legislatures can enact laws that regulate future conduct, but only courts have authority to require financial payments for past acts, said Henigan, legal director of the Brady Center to Prevent Gun Violence. His organization represents many of the local governments _ including Cincinnati _ that have filed such lawsuits. Cincinnati's lawsuit was rejected by a state trial judge in 1999 and an Ohio appeals court in 2000. A former Cincinnati councilman who said the lawsuit was a waste of taxpayers' money unsuccessfully sued to halt it. Of 32 cities or counties that have filed such lawsuits, 19 cases are pending, Henigan said. A court dismissed a lawsuit by New York, the only state to bring such a lawsuit. Similar lawsuits by Boston and by 12 California cities are the farthest advanced in their state court systems and are scheduled for trials in autumn 2002, Henigan said. http://www.courierpress.com/cgi-bin/view.cgi?200110/02+withitsagain100201_latestnews.html