California upholds ban; Delaware judge dismisses suit - Industry News

Shooting Industry, Jan, 2003 by Russ Thurman

California's assault weapons ban will remain in force, a federal appeals court ruled in early December. The court based its unanimous vote on its interpretation that individuals do not have the right to bear arms under the Constitution's Second Amendment.

"The historical record makes it equally plain that the amendment was not adopted in order to afford rights to individuals with respect to private gun ownership or possession," wrote Judge Stephen Reinhardt.

The decision by the 9th U.S. Circuit Court of Appeals came in a case filed by California gun owners who challenged the 1989 weapons ban. In using the Second Amendment as a bases for their ruling, the judges challenged the position of Attorney General John Ashcroft, the firearm industry and gun owners.

The case is expected to be appealed to the U.S. Supreme Court, which has never issued an interpretation of how the Second Amendment applies to individuals.

Industry Lawsuit Dismissed

In late November, a Delaware judge dismissed Wilmington's lawsuit against the firearm industry. The case sought to recover more than $1 million the city reports it spent to handle 263 shootings from 1997 to 2000.

In the suit, the city claimed the 15 defendants, which included major gun manufacturers, should make their guns safer and distribute them in ways to prevent them from falling into the hands of criminals.

"Handgun violence is a scourge," said Judge Fred S. Silverman. "But as much as the court would support efforts to reduce the problem, the court will not twist a jury trial involving municipal cost into a wildly expensive referendum on gun control."

The case joins a number of other big-city lawsuits that have been dismissed.