Hardy v. Chester Arms, LLC
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In a case before the Supreme Court of New Hampshire, the plaintiffs, two police officers injured in a shooting, filed a suit against Chester Arms, LLC (the seller of the firearm used in the shooting), and the New Hampshire Department of Safety (DOS) (which conducted the background check for the sale of the firearm). The suit accused Chester Arms of negligent entrustment and DOS of negligent entrustment and negligence per se. The trial court granted summary judgment in favor of both defendants on the basis of immunity under state law. The court of appeals affirmed the lower court's decision.
The court of appeals found that the state law barring lawsuits against firearms manufacturers and sellers for damages resulting from the criminal or unlawful use of their products by a third party was constitutional and not preempted by federal law. The court found that the law was designed to safeguard citizens' fundamental right to bear arms by limiting suits against the firearms industry, thereby protecting its solvency and ensuring law-abiding citizens have access to firearms. The court also found that the law did not violate the plaintiffs' constitutional right to equal protection or right to a remedy.
Regarding the suit against DOS, the court found that DOS had not been negligent in its background check as the shooter was not disqualified from owning a firearm at the relevant time under federal law. Therefore, the court concluded that any alleged error in the trial court's immunity analysis was harmless as DOS was entitled to judgment as a matter of law.
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