cuchulainn
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from the A.P. via the Lansing State Journal
http://www.lsj.com/news/local/030809_guns_1b.html
http://www.lsj.com/news/local/030809_guns_1b.html
Published 8/9/2003
Appeals court tosses gun lawsuit
County, Detroit sought $400M for illegal sales
By Amy F. Bailey
Associated Press
The Michigan Court of Appeals has thrown out lawsuits filed by the city of Detroit and Wayne County against 36 gun manufacturers and dealers.
In an unanimous decision released Friday, the appellate court said a state law approved in 2000 prohibits such lawsuits although the city and county filed their suits in April 1999.
The state law only permits the state's attorney general to sue gun manufacturers or dealers. Attorney General Mike Cox won't take up the lawsuits, Cox spokesman Sage Eastman said.
The Appeals Court decision reverses a Wayne County Circuit judge's decision in 2000 to allow the lawsuits to continue.
Wayne County and the city of Detroit failed to show that the 2000 law was unconstitutional, Appeals Court judges Joel Hoekstra, Kurtis Wilder and Brian Zahra said in their decision.
Detroit Mayor Kwame Kilpatrick, who was a state lawmaker when the 2000 bill was approved, hasn't decided whether to appeal the ruling to the Michigan Supreme Court, spokesman Howard Hughey said.
Sharon Banks, spokeswoman for Wayne County Executive Robert Ficano, said it's unlikely the county will appeal the ruling.
Wayne County's lawsuit sought $400 million in damages from 24 gun manufacturers and 12 gun dealers. The city has said it sought a similar amount.
They argued gun manufacturers and dealers failed to stop gun sales where buyers act as front men for felons and juveniles.
State Rep. Sue Tabor, a Republican from Eaton County's Delta Township who sponsored the gun lawsuit bill, said the Appeals Court made the right decision.
"These lawsuits are absolutely ridiculous," she said. "We need to let these municipalities know that this is not the way that you fight crime."
Brian Siebel, a senior attorney for the pro-gun control Brady Center to Prevent Gun Violence, argued the case for Wayne County and the city of Detroit to the Court of Appeals.
He said the Appeals Court decision was based solely on the 2000 law and did not take into account that Wayne County videotaped gun dealers selling firearms to felons and underage buyers during sting operations.
Since 1998, at least 33 municipalities, counties and states have sued gun makers, with many claiming that the industry's practices have led to a proliferation of weapons among criminals.
The U.S. House has approved legislation to ban suits against gun manufacturers and distributors seeking damages.