Alaska Supreme Court Reverses Gun Dealer Lawsuit

| February 28, 2013

The Alaska Supreme court unanimously reversed a Juneau trial court dismissal of a lawsuit brought by a victim’s family against a gun dealer who supplied the weapon which killed the victim.

Brady Center lawyers argued against the federal NRA lobby-produced “Protection of Lawful Commerce in Arms Act” which the Juneau court had used to justify the dismissal.

Brady lawyers successfully argued that the law leads to discrimination against victims of gun violence by granting immunity to all gun dealers, regardless of  circumstances which show negligence or recklessness.

“Federal law should allow reckless gun dealers who supply criminals to be held accountable to innocent victims of their negligence, and the Constitution properly allows common sense restrictions on the carrying of guns in public, which do not infringe on the Second Amendment rights of law-abiding citizens,” said Jonathan Lowy, Director of the Brady Center to Prevent Gun Violence’s Legal Action Project .

“If Congress wants to provide more than lip service to the victims of the Newtown tragedy and other gun violence victims, it should pass the Equal Justice for Victims of Gun Violence Act and allow gun violence victims the same civil rights as other Americans.”

The case will now be sent back to the trial court.

Brady Campaign Press Release

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