Georgia Appellate Court
Dumps Atlanta's Reckless Suit
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"...[M]unicipalities may not attempt to regulate the gun
industry..." |
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-- Judge Gary Blaylock Andrews |
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Judge Andrews |
The Court of Appeals of Georgia unanimously rejected the City of
Atlanta's reckless lawsuit against the firearms industry, ruling not
only that state law preempted the suit, but that Atlanta's case had not
"pointed to any instance of unlawful conduct by the gun
manufacturers."
Presiding Judge Gary
Blaylock Andrews, who wrote the opinion, found that
the regulation of firearms is properly an issue of statewide concern and
that Atlanta's suit sought "to punish conduct which the State, through
its regulations and statutory scheme, expressly allows and licenses."
In dismissing the case, Judge Andrews noted the "legislature's clear
directive that municipalities may not attempt to regulate the gun
industry" and that the city's suit was an improper attempt to usurp
that power from the legislature.
Lawrence G. Keane, vice president and general counsel for the
National
Shooting Sports Foundation, the firearms industry's major trade
association, commented, "Every appellate court to decide a municipal
suit against the firearms industry has ruled in our favor. We urge those
mayors that have sued our industry to redirect their priorities and to
emphasize cooperation with our industry rather than confrontation."
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