Judge Dismisses Chicago Suit Against Gun Industry


CHICAGO (Reuters) - A judge on Friday dismissed Chicago's
lawsuit against the gun industry, ruling the city failed to
show that gun manufacturers, distributors and dealers knowingly
flood the city with handguns.

Judge Stephen Schiller of Cook County Circuit Court
suggested that illegal gun sales would be more effectively
pursued by the police and in the criminal courts.

``We will appeal the ruling, of course,'' Chicago Mayor
Richard Daley said. ``We will continue this fight because it's
the right thing to do, because the majority of the public is on
our side, and because it will save lives.''

Chicago's was the fourth of roughly 30 such lawsuits
brought by U.S. cities to be dismissed, while five others have
passed this initial hurdle, a city attorney said. It was
inevitable that the suit would be considered at the appellate
level, she added.

The 1998 suit blamed gun manufacturers, distributors and
dealers that ring the city for endangering the health and
welfare of residents in Chicago, which has strict gun laws.

The suit demanded $433 million in damages to recoup the
costs of urban gun violence, including expenses by police,
medical units and other municipal agencies.

Schiller said the city relied too much on statistical data
governing the sales of guns later used in crimes and suggested
that police and prosecutors could more aggressively pursue the
problem of weapons sold in suburban gun shops.

In four recent cases brought against suburban gun shop
owners by the U.S. Attorney for the Northern District of
Illinois, two were acquitted, one was found guilty, and one
pleaded guilty. They were charged with making illegal sales to
''straw'' purchasers who clearly were reselling the weapons.

Earlier this year, Schiller tossed out the ``negligent
entrustment'' element of the Chicago suit, which charged the
industry with putting guns into the hands of buyers they knew
or should have known would misuse them. In support of the
action, Chicago undercover police had videotaped gun sales in
which officers posed as gang members or made clear they would
resell the guns.

Chicago's strict gun control law passed nearly two decades
ago allows for handgun ownership only if the weapon's
registration predated the law.

Chicago was the second U.S. city after New Orleans to file
suit against the gun industry. None of the cases has yet come
to trial. At least eight states have passed laws barring such
municipal lawsuits against the industry.

Daley said he would pursue the gun industry in the courts
and lobby for common-sense gun laws. He said he could not
understand why the gun industry did not merit the same legal
scrutiny as the cigarette makers and tire makers.

He complained that the city can take away the license of a
manicurist operating illegally, but not that of a gun dealer.

Holding aloft a confiscated assault rifle, Daley railed
against what he said were a small group of gun dealers,
distributors and manufacturers he said were behind the vast
majority of illegally obtained guns used in Chicago crimes.

``What are these guns sold for? These guns are sold to kill
people -- drug dealers and gang-bangers,'' Daley said.

The application of product law to the gun industry has been
growing, though the success rate has been low. A Brooklyn, New
York, jury held handgun makers legally responsible for a 1995
attack on a teenager and ordered three manufacturers to pay
more than $500,000.

The National Association for the Advancement of Colored
People has also sued the gun industry in federal court.
--
But the majority of the public is not on Mayor Daley's
side, poll after poll shows at least 70% of people
oppose the suits, and I cannot see how a lawsuit can
save a person's life in and of itself, especially when
it is daft.

I remember when Clinton was campaigning, I think it
was 1992, so he went to Chicago and went on about how
wonderful an assault weapon ban would be because of
all the gun crime in Chicago.  The Chief of Police said
yes it would be wonderful, because since the handgun
ban in 1982 the number of legally owned handguns had
declined from 750,000 to 300,000.  And armed crime
was at a much higher level than in 1982!

Steve.


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