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Boston
Abandons Lawsuit Against Firearms Manufacturers
City acknowledges industry members
committed to safety, responsibility
NEWTOWN, Conn. — After almost
three years of litigation, document review and sworn statements, and at the
request of the City of Boston and the Boston Public Health Commission, a
Massachusetts court dismissed in full the product liability and public nuisance
lawsuit they filed against firearms manufacturers and industry trade
associations. “We are extremely pleased with
the suit’s dismissal, but it is unfortunate and inappropriate that Boston
Mayor Thomas Menino mischaracterizes industry safety efforts as being prompted
by the city’s suit,” said Lawrence G. Keane, vice president and general
counsel for the National Shooting Sports Foundation, Inc., the firearms
industry’s major trade association and a defendant in the Boston case. “The
truth is that industry has been actively promoting nationwide safety efforts for
decades, a fact previously acknowledged by the mayor.” Boston acknowledged firearms
industry members “are genuinely concerned with and are committed to, the safe,
legal and responsible sale and use of their products” in a statement filed
with the request for dismissal. “No
concessions were made in exchange for the city’s actions. As emphasized in
Boston’s filing, the path forward can now be best achieved through cooperation
in continued safety programs and communication, rather through litigation.”
Keane noted. “We will continue to work with those who want to further reduce
firearms accidents and decrease criminal violence committed with firearms.” A copy of the plaintiff’s
statement attached to the motion to dismiss can be found at http://www.nssf.org.
“It is a very sad
day” Dennis
Henigan, legal director for the Brady Center to Prevent Gun Violence. (Maguire,
AP 3/27/2002) http://www.boston.com/dailynews/086/region/Boston_first_city_to_drop_suit:.shtml “I think its fair to
say they don’t give up anything” John
Auerbach, executive director of Boston Public Health Commission, on the impact
of the dismissal on the firearms industry (Mishra, Boston Globe
3/28/2002). http://www.boston.com/dailyglobe2/087/metro/Boston_drops_lawsuit_on_guns+.shtml "I
don't think they ever should have brought it, and the fact they agreed to have
it dismissed with prejudice, meaning they can't bring it up again, is a pretty
clear indication that they had no case to
start with"
James Jay Baker,
director of the National Rifle Association's Institute for Legislative Action. (Dinan,
Washington Times 3/28/2002) http://www.washingtontimes.com/national/20020328-81629750.htm “The
city of Boston yesterday withdrew its lawsuit against firearms manufacturers,
choosing instead to work with the industry to reduce violence rather than to
fight it in court.” (Dinan, Washington
Times 3/28/2002) http://www.washingtontimes.com/national/20020328-81629750.htm
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