The Illinois Supreme Court 11/18/04 dismissed an improper "public nuisance" suit against multiple gun manufacturers. The city of Chicago had alleged that defendants created a public nuisance because they knowingly or recklessly sold guns that they knew would be possessed illegally. Chicago sought an injunction based upon ongoing costs to public health and safety even though defendants were generally in compliance with all state and federal laws. The court, in conformance with the NAM's amicus brief, refused to acknowledge "a public right to be free from the threat that some individuals may use an otherwise legal product (be it a gun, liquor, car) in a manner that may create a risk of harm to another."
The court acknowledged that defendant's lack of control of the guns at the time of their illegal use would not have precluded plaintiffs' claim. However, the court declined to establish causation because the criminal acts were too remote to establish a legal basis for a nuisance claim. Furthermore, the court held that the criminal misuse of the guns was not a foreseeable result of the lawful sale of the firearms. If plaintiffs' theory had been accepted, the city would have been able to ask trial courts to use their injunctive power to regulate firearms through the judiciary rather than the legislature.