Atlanta Gun Industry Suit Dismissed

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Atlanta Gun Industry Suit DismissedBy PATRICIA M. LaHAYAssociated Press WriterFebruary 14, 2002, 5:36 PM ESTATLANTA -- The Georgia Court of Appeals has dismissed a lawsuit by the city of Atlanta against gun manufacturers and trade associations, saying that only states have the right to regulate firearms. The appeals court's ruling Wednesday overturned a lower court decision that allowed the city to sue 14 gun makers and three trade associations, alleging they are negligent in designing, distributing and promoting firearms and fail to warn of their danger. The National Rifle Association, which has pushed states to pass laws that make it illegal for cities and counties to file such suits, was "gratified" by the ruling, lobbyist Jim Baker said. "The contention was that gun manufacturers are responsible for the criminal acts of third parties, which is outside the jurisprudence in this country," Baker said Thursday. "Vicarious liability is not something the courts look kindly upon." The city, which has a new mayor, has not yet decided whether to appeal to the U.S. Supreme Court, deputy city attorney Bob Godfrey said. The lawsuit was filed Feb. 4, 1999, five days before the Georgia General Assembly passed a law prohibiting municipalities from filing such claims. Since October 1998, when New Orleans filed the first such lawsuit, at least 27 other municipalities have brought similar cases, Baker said. Several of those have been dismissed, while courts have allowed others to continue. http://www.newsday.com/news/nationworld/wire/sns-ap-gun-lawsuit0214feb14.story