Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Industry Coalition to Appeal Illinois Court Decision

Friday, January 11, 2002

As reported in last week`s FAX Alert, an appellate court in Illinois allowed a reckless lawsuit against various gun manufacturers and distributors to proceed under the theory that the firearm industry was creating a public nuisance. On the heels of that misguided ruling, the Hunting & Shooting Sports Heritage Foundation (HSSHF) issued a press release noting that the group has committed its financial resources to an appeal of that case.

Robert Delfay, President and CEO of the Hunting and Shooting Sports Heritage Foundation commented, "This decision seems to totally ignore the fact that every step in the sale and distribution of a firearm is controlled and regulated by the federal government. Manufacturers, distributors and retailers of firearms must be federally licensed, and the retail purchaser must undergo an FBI background check before he or she can take possession of his or her firearm. It is just unfair and illogical to maintain that a manufacturer that supports and complies with all of these regulations can be held liable 10 or 15 years down the road if a criminal obtains and uses a firearm illegally."

"The court`s reasoning fits the textbook definition of arbitrariness. The principle it announces is lawless because it is incapable of being generalized, it is good for only this one instance," commented Daniel Polsby, law professor at George Mason University. "The Illinois General Assembly vigorously surveils and regulates the sale of firearms, but the court`s decision effectively sets all the balancing and negotiation and deliberation of the state`s constitutional lawmaking processes at naught. A blow is thus struck against both democratic practice and against the rights of peaceable taxpaying businesses and their customers. The crowning irony is, not a scintilla of public safety is bought with this expensive coin," Polsby said.

"This is a poorly reasoned decision that runs contrary to every other appellate court in the country," notes Lawrence G. Keane, National Shooting Sports Foundation vice president and general counsel. Keane continued, noting, "State Supreme Court decisions in New York, California, Florida, Connecticut and Louisiana have all concluded that manufacturers of legal, highly-regulated, non-defective products cannot be held legally responsible for the acts of criminals."

"If this extraordinary legal theory is allowed to go forward, it`s `Katie bar the door` for the manufacturer or retailer of any consumer product if that product`s use in a crime might be reasonably foreseen," Delfay said. "This ruling is doubtless being cheered by personal injury lawyers who can look forward to suing gasoline refiners, match manufacturers, auto makers, champagne bottlers, cutlery merchants and any other supplier of a legitimate consumer product for any foreseeable use of their products in crime."

We will be monitoring this case and related developments closely, and will keep you posted accordingly.

TRENDING NOW
More Guns, Less Homicide: Good News for America, Bad News for Gun Prohibitionists

News  

Monday, May 4, 2026

More Guns, Less Homicide: Good News for America, Bad News for Gun Prohibitionists

Homicide rates in the United States, including those where firearms are used, have been declining over the last few years.  According to multiple reports on early projections, 2025 is expected to see the largest decline in ...

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

Friday, October 23, 2026

Fifth Circuit Rules Federal Switchblade Knife Restrictions Violate the Second Amendment

The U.S. Court of Appeals for the Fifth Circuit has ruled that the federal Switchblade Act’s restrictions on the interstate commerce of switchblade knives violate the Second Amendment.

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

News  

Monday, October 19, 2026

“I’m sorry, Dave, I’m afraid I can’t do that” – ChatGPT is Now “Completely Anti-gun”

More than half a century ago, Stanley Kubrick’s film, 2001: A Space Odyssey, introduced the world to HAL-9000, a sentient “supercomputer” with advanced artificial intelligence (AI) processing. When HAL, responsible for running the spacecraft, decides ...

Scary Stories from the Crypt Keepers at Big Gun Control

News  

Monday, October 19, 2026

Scary Stories from the Crypt Keepers at Big Gun Control

‘Tis the Halloween season of fear and disguise, and, in step with the holiday, the gun control ghouls are embracing a familiar tradition of their own. When facts aren’t quite frightening enough, firearm prohibitionists often ...

For Better and for Worse, “Direct Democracy” Seeks to Alter Gun and Hunting Policy

News  

Wednesday, October 14, 2026

For Better and for Worse, “Direct Democracy” Seeks to Alter Gun and Hunting Policy

Not every important Second Amendment or hunting policy fight begins with a bill number.

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Catch and Release: Fine for Fishing, Deadly with Violent Criminals

News  

Monday, October 19, 2026

Catch and Release: Fine for Fishing, Deadly with Violent Criminals

Our regular readers understand what should be axiomatic for all:  Violent criminals cannot prey on law-abiding citizens if they are behind bars.  Unfortunately, we are hearing more and more regularly that many in our criminal ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

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.