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Authors

Colin Miller

Abstract

In City of Chicago v. Beretta U.S.A. Corp., the City of Chicago and Cook County filed a civil suit in Illinois state court against certain firearms manufacturers, distributors, and dealers “in an effort to stem the rising tide of gun violence and to recoup some of the expenses that flow from gun crimes.” The suit alleged that these defendants “creat[ed] and maintain[ed] a public nuisance in the city by intentionally marketing firearms to city residents and others likely to use or possess the weapons in the city, where essentially possession of any firearm except long-barrel rifles and shotguns is illegal.” The plaintiffs sought compensation for, inter alia, “the costs of treatment of victims of gun violence and the costs of prosecutions for criminal use of firearms.” The Supreme Court recently decided McDonald v. City of Chicago, where it incorporated the Second Amendment through the Fourteenth Amendment’s Due Process Clause, which many have argued will likely constrain states and localities in their ability to enforce gun control regulations.

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