20 March 2009

Illinois Supreme Court Dismisses Frivilous Lawsuit Against Firearm Manufacturer

Yesterday, the Illinois Supreme Court dismissed another reckless lawsuit aimed at putting firearms manufacturers out of business. Adames v. Beretta was dismissed under the Protection of Lawful Commerce in Arms Act of 2005 (PLCAA). The court’s order affirmed the original trial court judgment in the case.

The full text of a news release issued by the National Rifle Association may be found here. Interestingly (but not surprisingly), neither the Chicago Sun-Times nor the Chicago Tribune has the story in their online sites this morning.

This is the second judicial decision in 2009 upholding a dismissal under the PLCAA. Ten days ago, the U.S. Supreme Court denied appeals in the cases of New York v. Beretta and District of Columbia v. Beretta.

The Illinois Supreme Court found that “the discharge of the Beretta was caused by a volitional act that constituted a criminal offense, which act shall be considered the sole proximate cause of any resulting death.”

The Court also agreed with the appellate court in finding the PLCAA was constitutional. Finally, it let stand the trial court’s findings that "the Beretta [pistol] was not unreasonably dangerous or defectively designed" and that the danger of pointing a gun at another person and pulling the trigger is open and obvious, even if the person pointing the gun mistakenly believes that the gun is not loaded.

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