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Louisiana high court shoots down New Orleans gun lawsuit

NEW ORLEANS, Louisiana (CNN) -- The Louisiana Supreme Court threw out a lawsuit Tuesday filed by the city of New Orleans against gun manufacturers that sought to force gunmakers to pay costs relating to gun violence.

New Orleans was the first city in the nation to try to sue gunmakers in 1998. More than 30 cities and counties soon filed similar suits, with the gun industry strenuously fighting each suit. Many state legislatures enacted laws to bar such suits.

In a 5-2 decision, the Louisiana high court upheld a state law passed retroactively to block the lawsuit and said the city had no right to pursue such legal action.

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"(The case) must be dismissed on the grounds that the city lacks a right of action to pursue this suit," the court said in its decision.

While other suits by cities against the gun industry have been dismissed, Tuesday's decision marked the first time a state Supreme Court has thrown out a case.

James Baker, the National Rifle Association's chief lobbyist, hailed the decision.

"This is a major victory for gun owners, taxpayers, and all who believe that we must hold criminals accountable for their crimes," Baker said.

"The Louisiana Supreme Court has employed sound judgment and common sense by upholding the state preemption law. These reckless lawsuits against the firearms industry have no place in our judicial system," he said.

In 1998, New Orleans Mayor Marc Morial and the city filed suit against the gun industry for damages allegedly suffered by the city related to the manufacture, marketing, promotion and sale of firearms.

The Louisiana legislature then enacted legislation to block the suit.

In a dissenting opinion Tuesday, Chief Justice Pascal Calogero said the city's lawsuit was an attempt to recover damages, not to regulate the firearms industry.

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