Nevada Supreme Court Stops Lawsuit Against Gun Manufacturers

 

Nevada Ballots Said to have 70% "Adjudication" Rate
The Nevada Supreme Court recently issued a ruling upholding the immunity of firearm and ammunition makers from civil lawsuits. IMG iStock:  884215372

U.S.A.-(AmmoLand.com)- The Nevada Supreme Court recently issued a ruling upholding the immunity of firearm and ammunition makers from civil lawsuits, when their products are used criminally, under Nevada law.

The lawsuit stems from the criminal mass murder perpetrated in Las Vegas on October 1, 2017. Many people are desperate to blame the instruments of crime for the crime. There are deep pockets to consider. Gun manufacturers have significant assets. Dead criminals do not.

Gun Makers Don’t Pull Triggers

A Federal statute The Protection of Legal Commerce in Arms Act (PLCAA), protects manufacturers, distributors, and retailers on the federal side.

Nevada has a separate state statute to protect firearms manufacturers from frivolous lawsuits designed to destroy innocent manufacturers, distributors, and retailers.

If manufacturers, distributors, and retailers can be held responsible for the acts of criminals, no manufacturer, distributor or retailer will be safe from lawsuits designed to destroy them. The Federal lawsuit was sent to the state court to see if it was valid in Nevada.

The Nevada statute is NRS 41.131. From state.nv.us:

  NRS 41.131  Limitation on basis of liability of manufacturers and distributors of firearms and ammunition.

      1.  No person has a cause of action against the manufacturer or distributor of any firearm or ammunition merely because the firearm or ammunition was capable of causing serious injury, damage or death, was discharged and proximately caused serious injury, damage or death. This subsection is declaratory and not in derogation of the common law.

      2.  This section does not affect a cause of action based upon a defect in design or production. The capability of a firearm or ammunition to cause serious injury, damage or death when discharged does not make the product defective in design.

The Law is Clear

The Nevada Supreme Court found the lawsuit was not allowed under Nevada law. From the nvsupremecourt.us, case number 81034:

In response to the questions certified to us by the federal district court, we hold that NRS 41.131 provides the gun companies immunity from the wrongful death and negligence per se claims asserted against them under Nevada law in this case. We in no way underestimate the profound public policy issues presented or the horrific tragedy the Route 91 Harvest Festival mass shooting inflicted. But this is an area the Legislature has occupied extensively. If civil liability is to be imposed against firearm manufacturers and distributors in the position of the gun companies in this case, that decision is for the Legislature, not this court. We urge the Legislature to act if it did not mean to provide immunity in situations like this one. But as written, NRS 41.131 declares a legislative policy that the Parsonses cannot proceed with these claims under Nevada law.

The convoluted reasoning in the lawsuit, that firearms manufacturers should cease to make and sell firearms because they could foresee firearms might be used in mass murder, is a terrible, civilization-killing concept. Trucks and cars have been used in mass murder, at least one with more victims than the mass murder in Las Vegas. Gasoline has been used effectively in mass murder. Matches have been used effectively in mass murder. Knives have been used effectively in mass murder.

Nearly everything has a potential for serious crime. Presumably, the idea is to only allow the government to produce and distribute things.  Private individuals would be taking an extreme risk to make anything, given that liability for the manufacture of products could be attached to criminal acts.

Writer’s Opinion

Our society has had horrible effects, from the expansion of tort law since the 1970s, all denied by the tort liability bar, which profits enormously from these lawsuits.

The United States is not alone in mass murder. Guns alone are not the only instruments of mass murder.

More states should emulate Nevada to protect innocent manufacturers, stockholders, distributors, and retailers from frivolous lawsuits designed for political purposes.

There is no such thing as a risk-free society. Risk is inherent in life. No one gets out of this life without dying.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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Arizona Don

In order for the left wing marxist democrats to install their fundamental transformation into a socialist marxist regime, so that they can remain in power forever, they know they must somehow get guns out of Americans hands. This is just another attempt to do exactly that. However, if they think the resistance to the vaccine mandates is uncontrollable just wait until they come after the guns. There is little doubt they will never succeed in their goal. Packing the supreme court is going to be another way they will try. If, in fact, they can succeed in packing the court and they do get… Read more »

Vern

One has to wonder if those who back the left in all these frivolous law suites ever think about who it is that will be armed to the teeth doing the will of the left if the left gets what they want? The criminal element will be merciless and just as greedy as the left. Not exactly a good trade off, but those who back the left don’t have a clue.

gregs

life is inherently not fair or equal. everyone dies, not everyone is allowed to be born. maybe we should make abortion illegal because it kills more people than firearms. can we sue planned parenthood for the abortions that kill babies?

Doug G.

Maybe soon in TX you will be able to.

Vince

Leftists and liberals want guarantees in life and someone to blame for their own stupidly when the guarantees turnout to be fantasies.

swmft

electricity should be band too, put these stupid people in a box and drop it in china

Last edited 26 days ago by swmft
buzzsaw

The Nevada Supreme Court is not The Supreme Court of The United States (SCOTUS).

It’s a good ruling and will contribute to the precedent of protecting not just gun companies, but sellers of other items that can be used in an evil, reckless or stupid manner.

Last edited 27 days ago by buzzsaw