Supreme Court Lets Stand Immunity for Gun Makers

December 16, 2009

The Supreme Court has turned away a new challenge to a 2005 law that gives gun manufacturers immunity from lawsuits by shooting victims.

The justices this week refused to hear an appeal from Hector Adames Jr. to revive his lawsuit against the Beretta U.S.A. Corp. over the accidental shooting death of his 13-year-old son.

The Illinois Supreme Court threw out the lawsuit, citing the federal 2005 Protection of Lawful Commerce in Arms Act.

Adames’ son, Josh, was shot and killed by 13-year-old Billy Swan, who found his father’s Beretta and removed the magazine containing the ammunition. He pointed the gun at Josh and pulled the trigger, not knowing that a bullet remained in the chamber.

Adames sued Beretta, saying the gun did not have the proper warnings or a safety mechanism that stops the gun from being fired without the magazine in place.

The case is Adames v. Beretta, 09-253.

Latest Comments

  • January 6, 2010 at 2:03 am
    Lloyd says:
    The plaintiffs here did not allege a manufacturing defect (malfunction, etc.) or a failure to warn (gun safety is known, publicized and should be followed). They allege a des... read more
  • December 17, 2009 at 1:50 am
    Corection says:
    The Supreme Court made the correct decision. However, many of you are accusing this poor man of being the idiot who owned and improperly stored the gun. Re-read the article, h... read more
  • December 17, 2009 at 10:48 am
    djones says:
    @ shaking my head, Take a bow. My thoughts exactly.
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