Fw: SAF Hails Ninth Circuit Ruling in Glock Lawsuit

Bernard Willis f16rsdad at JUNO.COM
Tue May 12 19:25:53 MDT 2009

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From: SAF Alerts <safalerts at liberty.seanet.com>
To: "f16rsdad at juno.com" <f16rsdad at juno.com>
Date: Tue, 12 May 2009 10:22:55 -0800
Subject: SAF Hails Ninth Circuit Ruling in Glock Lawsuit
<1da03489-d6f9-4912-9bdd-6b065c37e185 at lpmail.liberty.seanet.com>


BELLEVUE, WA – Monday’s ruling by the U.S. Ninth Circuit Court of Appeals
that dismisses a lawsuit against Glock by the victims of a deranged
gunman in Grenada Hills, CA was a proper decision under existing statute,
the Second Amendment Foundation said today.

In a 2-1 decision, a three- judge panel upheld a lower court’s ruling
that the case, Ileto v. Glock, was nullified under the 2005 Protection of
Lawful Commerce in Arms Act (PLCAA). That federal statute was passed to
prevent junk lawsuits against gun makers, and this specific case was
cited during Congressional debate as precisely the kind of lawsuit the
law would prohibit.

“We are delighted that the Ninth Circuit panel not only affirmed the
lower court ruling,” said SAF founder Alan Gottlieb, “but also that the
court upheld the constitutionality of the federal law prohibiting this
kind of lawsuit. While we sympathize with the victims, it would be an
egregious miscarriage of justice to hold gun manufacturers responsible
for the acts of criminals over whom they have no control.”

In August 1999, a deranged man named Buford Furrow opened fire at a
Jewish Community Center summer camp in Granada Hills. The Glock pistol he
used had once been owned by a police department in Washington State, but
had been sold as surplus and passed through several hands before Furrow
got it. Furrow wounded three children, a teenager and adult at the Jewish
Center and later murdered a postal carrier, Joseph Ileto. Families of the
victims, and Ileto’s widow, sued Glock and others in 2001, claiming that
gun companies “intentionally produce, market, distribute, and sell more
firearms than the legitimate market demands.”

Judge Susan Graber wrote the majority opinion, stating that “The PLCAA
affects future and pending lawsuits, and courts are required to
‘immediately dismiss’ any pending lawsuits preempted by the PLCAA.”

“Holding gunmakers responsible for crime is a false panacea,” Gottlieb
said. “Congress saw this when it passed the PLCAA, and now the court has
affirmed that logic.”

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