Gun Rights Advocates Vow to Countersue

Firing back at lawsuits against the firearms industry, a national gun rights group said Thursday that it will sue Chicago and New Orleans and any cities that join them in filing “frivolous suits” to recover costs of responding to gun violence.

The announcement by the Second Amendment Foundation of Bellevue, Wash., was timed to coincide with Thursday’s meeting in Chicago of the U.S. Conference of Mayors, where mayors Richard Daley of Chicago and Marc Morial of New Orleans briefed officials from other cities on the legal grounds for their recently filed lawsuits.

The foundation earlier in the week sent warning letters to Chicago, New Orleans and nine other cities--including Los Angeles--that are considered likely to sue the handgun industry.

According to the letters, the suit will be filed in Louisiana “early next year” and will accuse the cities of conspiracy to violate civil rights and of placing an undue burden on interstate commerce.

“I’m on my knees praying that they will file such a stupid suit,” said John Coale, an attorney for New Orleans. Coale said the foundation could face sanctions for filing a frivolous claim, and “end up financing a whole bunch of these [anti-gun] suits.”

In the letter sent to Los Angeles Mayor Richard Riordan, Alan M. Gottlieb, who heads the foundation, wrote: “I understand that your city may join Chicago and New Orleans in filing frivolous lawsuits against firearms manufacturers and dealers in hope of driving the firearms industry out of business . . .

“You should be aware that the [foundation] is planning to sponsor a damage action . . . against New Orleans, Chicago and all other cities that . . . will file such suits.”

Members of Riordan’s staff said they had not seen the letter. However, City Atty. James Hahn has expressed interest in suing the industry and does not need approval from the mayor to do so. A Hahn spokesman declined to comment on the letter.

The foundation, which claims more than 600,000 members, has never been shy about going to court to fight restrictions on guns. In 1992, it filed a successful lawsuit against Los Angeles over the restrictive policies of the Police Department regarding issuance of permits to carry concealed weapons. Later, it took part in a challenge to the state’s ban on assault weapons that invalidated portions of the law.

In vowing to sue the cities, Gottlieb said their attacks on gun makers are misdirected. “Whatever problems the cities may have with the criminal and negligent misuse of firearms, their suits against the gun manufacturers make as much sense as suing the National Weather Bureau for the cost of storm damage,” he said.

Proponents of the litigation contend that gun violence is not an act of God, but stems in part from the negligence of the industry.

They have accused it of failing to incorporate safety features to reduce accidental shootings and failing to take steps to staunch the flow of handguns to juveniles and crooks.

Gottlieb said the foundation’s lawsuit won’t be financed by gun makers. He said its intent will be to benefit consumers who will be unable to afford or even obtain guns if the litigation puts manufacturers out of business.