The Supreme Court turned away pleas by New York City and gun violence victims to hold the firearms industry responsible for selling guns that could wind up in illegal markets. The justices' decision Monday ends lawsuits first filed in 2000.
The justices, without comment, rejected appeals that sought to revive the two suits and challenged the constitutionality of a federal law signed in 2005 by then-President George W. Bush to protect the industry from a wave of lawsuits.
The New York and Washington suits were among dozens that sought to hold the firearms industry accountable for urban violence, claiming that manufacturers knew their weapons would fall into the hands of criminals. Most of those suits have been dismissed.
The New York lawsuit was first brought in June 2000 while Rudy Giuliani was New York mayor. The suit had sought a court order for gun makers to more closely monitor those dealers who frequently sell guns later used to commit crimes. Among the companies sued were Beretta USA Corp., Smith & Wesson Holding Corp., Colt's Manufacturing Co. LLC, Sturm, Ruger & Co. and Glock GmbH.
A federal law enacted in 2005 sought to shield gun makers from lawsuits like the one New York filed, prompting a federal judge to throw the case out. The 2nd U.S. Circuit Court of Appeals in New York in April 2008 upheld that ruling by a 2-1 vote.
New York, in a court brief, said the 2005 law violates state rights under the U.S. Constitution. “This congressional effort to control how states make law raises important questions about the Tenth Amendment's protections of state sovereignty,” New York said.
The gun manufacturers, in a joint legal brief, said the federal appeals court correctly applied the 2005 statute and argued the law does not violate the Constitution. “This case does not qualify for Supreme Court review,” the gun makers said.
