January 22, 2004

WASHINGTON -- Chicago Mayor Richard Daley called on Congress Wednesday to reject legislation that would block cities from suing gun dealers and firearms manufacturers for sales practices that allegedly ease weapons purchases by street criminals.

The legislation, which has passed the U.S. House, would invalidate a lawsuit that Chicago has filed seeking damages for the cost of gun violence on the city's streets.

"You'd think the U.S. Congress would favor our efforts. Most of them say they support law and order and . . . efforts on a local level. Unfortunately, the opposite is true," Daley said.

Chicago, which has banned handguns, filed a public nuisance lawsuit in 1998 seeking $433 million in damages against certain suburban gun dealers and national firearms manufacturers.

The suit contends that the businesses' design, marketing and distribution practices combine to foster the flow of handguns to street criminals in Chicago.

The suit was dismissed by a state trial court and later reinstated by an appeals court. The Illinois Supreme Court is considering whether to allow it to proceed.

"We should be able to sue to get some accountability," Daley said. "We're not looking for a lot of money. What we're asking them is to clean up their own industry."

In Washington for a meeting of the U.S. Conference of Mayors, Daley was joined at a news conference against the legislation by Gary Mayor Scott King and representatives of the pro-gun control organization Americans for Gun Safety.

Gary also has filed a lawsuit against the gun industry, which would be invalidated if the law passed.

Eighteen gun stores in suburban Chicago and northwest Indiana are among the 120 firearms dealers in the nation who sold the most guns later traced to crimes, according to a study released last week by Americans for Gun Safety.

The congressional legislation would grant the gun industry immunity from most federal and state civil suits based on misuse of firearms.

Gun dealers and makers would continue to be liable for damages caused by defective merchandise. And they still could be sued if they "knowingly and willfully" committed a crime that was a "proximate cause" for someone's injuries or negligently provided a gun to someone they should have known would misuse the weapon.

The measure has gained support from rural Democrats as well as Republicans and passed the House last April in a decisive 285-140 vote.

In the Senate, the measure has 55 sponsors, including Democratic Leader Tom Daschle of South Dakota and Republican Leader Bill Frist of Tennessee.

Gun control advocates have vowed to filibuster the legislation. But a spokesman for lead sponsor Sen. Larry Craig (R-Idaho) said the senator has enough commitments of support to muster the 60 votes necessary to overcome any attempt to block the measure.

Backers of the legislation say the gun industry needs to be protected against frivolous litigation and potentially expensive court judgments that could put manufacturers out of business.

"The gun industry is being sued for the criminal acts of third parties. The legislation would protect this industry from being bankrupted by greedy trial lawyers and grandstanding mayors," said Kelly Hobbs, a spokeswoman for the National Rifle Association.

According to a list provided by the National Shooting Sports Foundation, a firearms industry trade association, 24 lawsuits have been filed against the industry by local governments. All but three have been dismissed in lower courts, although appeals are pending in several cases, according to the trade group.

The NAACP also has sued the gun industry and there are several private lawsuits pending.

One of those suits was brought by the families of Chicago shooting victims including slain rookie police officer Michael Ceriale, 26, who was killed in August 1998 while conducting surveillance of a drug operation at the Robert Taylor Homes