Attorney General Jackley Joins Challenge to Oppose Effort to Inject Firearm Regulation into Remington Class Action Settlement

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Wednesday, August 30, 2017

PIERRE, S.D. - Attorney General Marty Jackley has joined an amicus brief filed in the United States Eighth Circuit Court of Appeals by 11 Attorneys General opposing efforts to introduce firearm regulation into a class action settlement.

"As Attorney General I remain committed to protecting Second Amendment rights. This case was an economic settlement between Remington Arms and it customers, and should not be used as an opportunity to attack the Second Amendment," said Jackley.

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he lawsuit and settlement covered only the economic issue of compensation to consumers who may have received an alleged defective product from the Remington Arms Company. However, the states challenging the terms of the settlement are attempting to inject matters of gun policy into the settlement, neither of which are at issue in the case. The case, Pollard v. Frost and Denney, is being appealed to the U.S. Court of Appeals for Eight Circuit, for which South Dakota is included.

The brief argues that this lawsuit is a dispute between private parties about economic losses that the plaintiffs incurred when they bought an allegedly defective product from the defendant. The Attorneys General argue the mere fact that the product at issue is a gun does not transform this case into a lawsuit about firearm regulation.