Explore The NRA Universe Of Websites

Assault on Firearm Industry Fails: Federal Court Dismisses Ohio Lawsuit

Monday, October 21, 2019

Assault on Firearm Industry Fails: Federal Court Dismisses Ohio Lawsuit

On October 9, a federal court in Ohio considered and dismissed, with prejudice, a lawsuit against Smith & Wesson, Remington, Sig Sauer, and other gun manufacturers, arising from a class action brought by Primus Group LLC. Primus Group LLC v. Smith & Wesson Corp., et al, No. 2:19-cv-3450, 2019 WL 5067211 (S.D. Ohio, Oct. 9, 2019).

The failed lawsuit sought “drastic and immediate judicial action” against the firearm manufacturers to include: financial damages, a declaration that “assault weapon” sales were a “public nuisance” under Ohio law, and an order requiring the manufacturersto establish a nuisance abatement fund.” The anti-gun plaintiffs also sought an immediate, permanent injunction to prohibit further distribution and sales to “civilians,” alongside potential measures “to recall those assault weapons already in the hands of the public.” In other words, they wanted the court to order a panoply of gun control that would have included confiscation.

Apparently, the plaintiff behind this lawsuit—an Ohio company that operates restaurant and nightclub entertainment venues—felt that firearm manufacturers deserved to be sued because the design of their firearms were “negligently” enabling criminal acts of gun violence. To dramatize their theory, the plaintiffs also invoked an “Assault Weapon Fraud Enterprise” concept atop a violation of the federal Racketeer Influenced Corrupt Organizations Act. Fortunately, the court wasn’t fooled by any of it.

As usual, the plaintiff’s complaint recited the usual twaddle from the gun-control playbook, indiscriminately conflating descriptors like “assault weapons,” “AR-15 type rifles,” “civilian semiautomatic rifles,” “assaultive capacity,” and “AR-15 style,” all of which were claimed to share “overwhelming firepower.” Predictably, the plaintiff’s litany of talking points included the inevitable fantastical flourish that the firearms had “military features that…enable shooters to spray large amounts of ammunition...”

According to these (former) plaintiffs, the firearm manufacturers needed to be sued because it was obvious that the risk of criminal use far outweighed the “negligible” utility of lawful uses like hunting, sporting or self-defense. The plaintiffs sought money from the firearm manufacturers because they felt that operators of entertainment venues (restaurants, bars, stadiums and shopping centers) were supposedly losing “market share due to public hysteria over the real threat of mass shootings” and incurred “increased costs due to the resulting increased security requirements.”

It didn’t work. The firearm manufacturersmoved to dismiss all claims, citing the obvious: the lack of standing to sue, the failure to state a claim, and the statutory immunity afforded under the federal Protection of Lawful Commerce in Arms Act (PLCAA) and Ohio law.

The case came before Judge Edmund Sargus, Jr. In a brief decision limited exclusively to the issue of standing, the judge granted the defendants’ motion and dismissed the case.

The plaintiff’s case was fundamentally misplaced. The perceived prospect of a possible threat—like a possible mass shooting at an entertainment venue—and lost “market share” due to increased security costs isn’t actionable. Such injuries do not rise above “a set of generalized grievances.” Like the supposed “benefits” of gun control, such “injuries” remain speculative and hypothetical. Perhaps this is why the judge remarked that courts should abstain from “engag[ing] in the judicial legislation of gun control measures” – bans of certain kinds of firearms – because courts, unlike legislatures, are not in a position to consider “all of the competing policy interests as well as the public will.”

Although the suit against the firearm manufacturers was properly dismissed with prejudice, the case offers an instructive glimpse into the mindset of the plaintiffs aiming for such litigation. Atop their hope of imposing exorbitant financial damages against manufacturers, the plaintiffs’ larger objective is to render the Second Amendment meaningless by shutting down all sales of guns to ordinary, law-abiding Americans.

The existing protections for firearm manufacturers are about to be tested in another case involving the scope of the PLCAA and manufacturer liability for designing, making, and distributing lawful firearms. Following a decision of the Connecticut Supreme Court earlier this year in Soto v. Bushmaster Firearms Int’l, LLC, the public is now awaiting a decision by the United States Supreme Court on whether the Court will grant review and agree to hear the appeal.

Because the issue is critical to our Second Amendment freedoms, the NRA has filed a brief in support of the petitioners, and your NRA-ILA will continue to keep you posted about this important litigation.

TRENDING NOW
Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

Thursday, March 7, 2024

Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

The Colorado General Assembly continues to follow California's lead when it comes to gun control, this year already pushing for an 11% Excise tax on firearms/ammunition and now pursuing a ban on commonly owned semi-automatic ...

Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Friday, March 15, 2024

Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Yesterday, the governor signed Wisconsin Act 116, formally Senate Bill 587, into law. This legislation establishes a new definition for “muzzleloaders” that would allow for the use of innovative technological advancements that could benefit sportsmen, ...

Maine: NRA Fires Back Against Gun Grabbers

Friday, March 15, 2024

Maine: NRA Fires Back Against Gun Grabbers

For months, anti-gun politicians and gun-grabbing groups have been running wild in Augusta, spreading misinformation about firearms in a desperate attempt to pass the most extreme gun-control in the country. The proposals carry the same theme, ...

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Friday, March 15, 2024

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Last night, the Delaware Senate passed Senate Substitute 1 for Senate Bill 2 (SB 2) by a vote of 15 to 6. This extreme legislation will impose a Maryland-style “handgun qualified purchase card” and a handgun transfer ...

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

Wednesday, March 6, 2024

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

The newly elected Virginia General Assembly has prioritized restricting law-abiding citizens' Second Amendment rights and has made good on that priority this session. This year, dozens of anti-gun bills have been considered in both chambers ...

Colorado: Semi-Auto Ban Introduced in General Assembly

Wednesday, February 14, 2024

Colorado: Semi-Auto Ban Introduced in General Assembly

Anti-Gun extremist State Reps. Tim Hernandez (D-04) and Elisabeth Epps (D-06) introduced House Bill 24-1292, a bill banning the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of so called “assault weapons”. 

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

News  

Monday, March 11, 2024

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

We generally don’t expect to see the Washington Post say anything positive about firearms or law-abiding gun owners, although there are occasional Op-Eds from pro-Second Amendment lawmakers, unbiased researchers and Constitutional scholars, and the like.

Appropriations Bill Passes with Language Protecting Veterans’ Second Amendment Rights

News  

Monday, March 11, 2024

Appropriations Bill Passes with Language Protecting Veterans’ Second Amendment Rights

Last week, Congress approved a package of legislation to fund various government agencies that corrects a longstanding and shameful practice that had been depriving American veterans of their Second Amendment rights since 1998.

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Thursday, March 14, 2024

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Today, HB 24-1348 which mandates how firearms must be stored in unattended vehicles, passed out of the House Judiciary Committee and is now eligible for a final vote on the House Floor. Please contact your lawmakers by using the ...

Utah: Governor Cox Signs Legislation Protecting Financial Privacy of Gun Owners!

Thursday, March 14, 2024

Utah: Governor Cox Signs Legislation Protecting Financial Privacy of Gun Owners!

Today, Governor Spencer Cox signed HB 406, legislation that provides important financial privacy protections for gun owners when purchasing firearms, firearm parts, and ammunition. The NRA would like to thank Governor Cox for signing this ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.