Constitutional challenge takes aim at gun industry immunity.At least 10 lawsuits pending against firearms manufacturers face dismissal under new federal legislation that the Center for Constitutional Litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. (CCL 1. CCL - Coral Common LISP. 2. CCL - Computer Control Language. English-like query language based on COLINGO, for IBM 1401 and IBM 1410. ) contends is unconstitutional. In October, the Protection of Lawful Commerce in Arms Act The Protection of Lawful Commerce in Arms Act was passed by the U.S. Senate on July 29, 2005 by a vote of 65-31. On October 20, 2005 it was passed by the House of Representatives 283-144. It was signed into law on October 262005 by President Bush and became Public Law 109-92. was enacted to insulate manufacturers or sellers of firearms from responsibility for "harm caused by those who criminally or unlawfully misuse firearm products ... that function as designed and intended." It requires immediate dismissal of actions pending in state or federal courts and bars all future suits. The Brady Center to Prevent Gun Violence The Brady Center to Prevent Gun Violence and its sister organization the Brady Campaign to Prevent Gun Violence are dedicated to reducing gun deaths and injuries through education, legislative reform, and litigation. The history of the organizations can be traced back to 1974 when Dr. , which is providing counsel in most of the affected cases, asked CCL to challenge the constitutionality of the act. "If this act stands," according to a brief filed by CCL, "Congress will have the power to rewrite state common law, providing chosen groups a free pass through the civil justice system and relegating selected plaintiffs to a separate but unequal system of civil justice." CCL argues that the act offends separation of powers separation of powers: see Constitution of the United States. separation of powers Division of the legislative, executive, and judicial functions of government among separate and independent bodies. , citing United States v. Klein United States v. Klein, , was a landmark United States Supreme Court cases stemming from the U.S. Civil War (1861-1865). . (80 U.S. 128 (1871).) In that case, the U.S. Supreme Court established that Congress cannot direct the outcome of a pending case without changing the substantive law underlying the suit. CCL asserts that the 2005 act creates no substantive law. CCL also argues that Congress cannot alter the substantive state tort law underlying these suits, citing Erie v. Tompkins (304 U.S. 64 (1938)): "Congress has no power to declare substantive rules of common law applicable in a state whether they be local in their nature or 'general,' be they commercial law or a part of the law of torts." More recent cases that explore the Tenth Amendment and define limitations of the commerce power--such as United States v. Lopez United States v. Lopez, was the first United States Supreme Court case since the Great Depression to set limits to Congress's power under the Commerce Clause of the United States Constitution. (514 U.S. 549 (1995)) and United States v. Morrison United States v. Morrison, is a United States Supreme Court decision that examined the limits of Congress's power to make laws under the Commerce Clause and the Fourteenth Amendment of the Constitution. (529 U.S. 598 (2000))--reinforce the doctrine of Erie, according to CCL's brief. CCL also contends that the act offends equal protection and due process by singling out one industry for favored treatment. State cases The act affects cases that proceed on state common law theories such as public nuisance or negligent hiring. For example, a case pending in New York alleges that through negligent marketing, manufacturers created a public nuisance: "a large and ready supply of guns purchased by criminals and used in the commission of crimes." Two cases in Massachusetts seek liability for the deaths of two people killed with a gun stolen from a factory by a known felon An individual who commits a crime of a serious nature, such as Burglary or murder. A person who commits a felony. felon n. a person who has been convicted of a felony, which is a crime punishable by death or a term in state or federal prison. employed there. The defendants have moved to dismiss those cases, and similar motions are expected in all pending cases. CCL President Robert Peck argued against dismissal of the New York case on November 22. CCL Senior Litigation Counsel John Vail was expected to argue the Massachusetts cases in December. For an update on the New York and Massachusetts cases, see www.ada.org/ publications/trial/0601/update.aspx. |
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