The lawsuit alleged that gun manufacturers showed a 'reckless lack of regard for public safety.'
Pickering said the lawsuit was based on a claim of fault “beyond a firearm’s inherent ability to cause harm, that is, the gun companies’ manufacture and distribution of illegal machineguns.”
But she said in the 20-page ruling the state law doesn’t limit the manufacturer’s immunity specifically to “legal” firearms. She said it states that no civil action is permitted in such cases against the maker of “any” firearm or ammunition. “We in no way underestimate the profound public policy issues presented or the horrific tragedy the Route 91 Harvest Festival mass shooting inflicted,” she wrote, while noting that the law as written did not allow the Parsons to make a claim against the manufacturers.
“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,” she wrote. “We urge the Legislature to act if it did not mean to provide immunity in situations like this one.”
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