Chalk up a legal victory for the gun industry. The U.S. District Court (Southern District of Ohio) has dismissed, with prejudice, the Primus Group v. Smith & Wesson, et al lawsuit. The decision was delivered October 9, eliminating the plaintiff’s claims against several prominent AR-15 firearms manufacturers, including Smith & Wesson, Remington Arms Company, SIG Sauer, Sturm, Ruger & Company, Colt Manufacturing, and Armalite.
“This decision by the federal judge to dismiss with prejudice this frivolous case is pleasing, if not unexpected,” said Lawrence G. Keane, NSSF Senior Vice President of Government Relations and Public Affairs and General Counsel. “These are lawful and federally-regulated AR-15 modern sporting rifle manufacturers that make semiautomatic rifles for lawful purposes. The judge was absolutely correct to assert that the proper venue to establish public firearms policy is through the legislature and not the courts.”
To dismiss with prejudice in a civil case means the judge ends the lawsuit and the party bringing the lawsuit lost and may not re-plead the lawsuit.
Primus Group, LLC, is a small entity in Columbus, Ohio with a vague business model. The limited liability company filed suit after the tragic murders in El Paso and Dayton, Ohio. They claimed racketeering, intentional misrepresentation claims, and “a clear and present danger” of all American lives due to “assault weapons”. The modern sporting rifles manufactured and sold by the companies named as defendants are semi-automatic rifles, meaning one round is fired for each trigger pull.
The court found the plaintiffs had no standing to bring the case against the defendants. This decision rightfully asserts that those who purposefully and criminally misuse firearms are the ones who are responsible for those crimes. It further affirms that activist lawsuits to prompt judicial action are not the proper avenue to establish policy.
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Contributed by Sean Walton of The Daily Sheeple.