2nd Amendment Foundation v. US. Conference of Mayors, No. 00-7188

CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)
Writing for the CourtTATEl
Citation274 F.3d 521
Decision Date21 December 2001
Docket NumberNo. 00-7188
Parties(D.C. Cir. 2001) SECOND AMENDMENT FOUNDATION, ET AL., APPELLANTS v. UNITED STATES CONFERENCE OF MAYORS, ET AL., APPELLEES

Page 521

274 F.3d 521 (D.C. Cir. 2001)
SECOND AMENDMENT FOUNDATION, ET AL., APPELLANTS
v.
UNITED STATES CONFERENCE OF MAYORS, ET AL., APPELLEES
No. 00-7188
UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued September 28, 2001
Decided December 21, 2001

Page 522

Appeal from the United States District Court for the District of Columbia (No. 99cv03181)

Richard E. Gardiner argued the cause and filed the briefs for appellants.

Joseph M. Sellers argued the cause for appellees. With him on the brief was Richard S. Lewis. Jack D. Maistros, Keith Vernon, Laurie A. Holmes, James B. Meyer, William A. Walker and Peter M. Kelley entered appearances.

Before: Edwards, Rogers and Tatel, Circuit Judges.

Opinion for the Court filed by Circuit Judges TATEL.

TATEl, Circuit Judge

Tatel, Circuit Judge: In this action, firearm consumers and others, alleging deprivation of their First, Second, and Ninth Amendment rights, bring civil conspiracy claims against the mayors of twenty-two cities that filed damage actions against gun manufacturers and dealers. The question presented in this appeal is whether the mayors, none of whom resides in the District of Columbia, subjected themselves to suit here by discussing their litigation at a meeting held in the District. Because we agree with the district court that attending the meeting was insufficient to trigger the District of Columbia long-arm statute, we affirm its dismissal of the complaint.

I.

Beginning in 1998, cities across the country, including Boston, Chicago, New Orleans, and San Francisco, filed suits charging firearm manufacturers and dealers with creating and maintaining a public nuisance. According to the cities, the manufacturers and dealers "knowingly and recklessly market, distribute, promote, design and/or sell firearms in ways that facilitate the criminal use of firearms; circumvent federal, state and local laws; deceive the public about the dangers of firearm possession; fail to incorporate reasonable firearm safety features and warnings; and inadequately disclose the risks associated with firearms." Appellees' Br. at 3.

Appellants, the Second Amendment Foundation, Inc., the Shooters Committee on Political Education, Inc., and several firearm consumers and licensees who are members of one or both of these organizations--throughout this opinion, we shall refer to appellants as "SAF"--filed suit under 42 U.S.C. § 1983 in the United States District Court for the District of Columbia against the mayors of the cities that had sued gun manufacturers. SAF alleges that the mayors "conspired together" to bring these suits "for the purpose of bankrupting and otherwise harming" the manufacturers and dealers "as a result of the litigation costs of defending such civil actions." Amended Compl. p 10. SAF further alleges that the lawsuits caused the manufacturers and dealers to raise prices or curtail sales of firearms, thereby violating SAF's First, Second, and Ninth Amendment rights, as well as its "right to engage in, and obtain the benefits of, interstate commerce." Amended Compl. p p 15, 17, 19.

The mayors, pointing out that none of them lives in the District of Columbia, moved to dismiss for lack of personal jurisdiction. In response, SAF asserted that the district court had jurisdiction under the District of Columbia longarm statute, which accords jurisdiction over persons who "transact[ ] business" in the District "directly or by an agent[.]" D.C. Code Ann. § 13-423(a)(1) (1995). As evidence that the mayors transacted business here, SAF pointed to the United States Conference of Mayors' web site, which reports

Page 523

that at the Conference's 67th Winter Meeting, held in the District of Columbia, the mayors discussed their litigation against gun manufacturers. According to the web site, "[i]n a session closed to the public, Philadelphia Mayor Edward Rendell led mayors in a discussion of gun-related legislative and litigation strategies." USCM 67th Winter Meeting, Mayors Exchange Information on Guns Issues, http://www.us mayors.org/USCM/meeting/jan27.htm (last visited Nov. 16, 2001). Mayor Rendell chairs the Conference's Gun Violence Task Force. 1999 Winter Meeting, Mayors Keep Focus on Gun Safety and Industry Responsibility, http: //www.usmayors.org/USCM/us_mayor_newspaper/documents/ 02_08_99/wintermeeting/8gun.htm (last visited Nov. 16, 2001). In another session, the mayors "focused on lawsuits previously brought against the gun industry by the cities of New Orleans and Chicago, and two new suits filed by Miami-Dade County and Bridgeport...." Id. The web site identifies four of the twenty-two mayors sued in this case as having participated in this session. Id.

Concluding that SAF's allegations fell...

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254 practice notes
  • Naegele v. Albers, Civil Action No. 03-2507 (RMU).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • January 3, 2005
    ...burden of establishing a prima facie case that personal jurisdiction exists. E.g., Second Amendment Found. v. U.S. Conference of Mayors, 274 F.3d 521, 524 (D.C.Cir.2001). A prima facie case in this context means that the plaintiff must present evidence sufficient to defeat a motion for judg......
  • Remmes v. International Flavors & Fragrances, Inc., No. C04-4061-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 16, 2005
    ...as a basis to support the exercise of in personam jurisdiction. See, e.g., Second Amendment Found., v. United States Conference of Mayors, 274 F.3d 521, 524 (D.C.Cir.2001); Jungquist v. Sheikh Sultan Bin Khalifa Al Nahyan, 115 F.3d 1020, 1030-31 (D.C.Cir.1997); Stauffacher v. Bennett, 969 F......
  • Mich. Welfare Rights Org. v. Trump, Civ. Action 20-3388 (EGS)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • April 1, 2022
    ...the plaintiff must allege specific facts that connect each defendant with the forum. Second Amendment Found. v. U.S. Conference of Mayors, 274 F.3d 521, 524 (D.C. Cir. 2001). The plaintiff cannot rely merely on conclusory allegations. Atlantigas Corp. v. Nisource, Inc., 290 F.Supp.2d 34, 42......
  • N'Jai v. U.S. Dep't of Educ., No. 19-cv-2712 (DLF)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 31, 2021
    ...States, 932 F. Supp. 2d 1, 2-3 (D.D.C. 2013) (internal quotation marks omitted) (citing Second Amendment Found. v. U.S. Conf. of Mayors, 274 F.3d 521, 524 (D.C. Cir. 2001)). When ruling on a 12(b)(2) motion, the court "may receive and weigh affidavits and any other relevant matter to assist......
  • Request a trial to view additional results
255 cases
  • Naegele v. Albers, Civil Action No. 03-2507 (RMU).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • January 3, 2005
    ...burden of establishing a prima facie case that personal jurisdiction exists. E.g., Second Amendment Found. v. U.S. Conference of Mayors, 274 F.3d 521, 524 (D.C.Cir.2001). A prima facie case in this context means that the plaintiff must present evidence sufficient to defeat a motion for judg......
  • Remmes v. International Flavors & Fragrances, Inc., No. C04-4061-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 16, 2005
    ...as a basis to support the exercise of in personam jurisdiction. See, e.g., Second Amendment Found., v. United States Conference of Mayors, 274 F.3d 521, 524 (D.C.Cir.2001); Jungquist v. Sheikh Sultan Bin Khalifa Al Nahyan, 115 F.3d 1020, 1030-31 (D.C.Cir.1997); Stauffacher v. Bennett, 969 F......
  • Mich. Welfare Rights Org. v. Trump, Civ. Action 20-3388 (EGS)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • April 1, 2022
    ...the plaintiff must allege specific facts that connect each defendant with the forum. Second Amendment Found. v. U.S. Conference of Mayors, 274 F.3d 521, 524 (D.C. Cir. 2001). The plaintiff cannot rely merely on conclusory allegations. Atlantigas Corp. v. Nisource, Inc., 290 F.Supp.2d 34, 42......
  • N'Jai v. U.S. Dep't of Educ., No. 19-cv-2712 (DLF)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • March 31, 2021
    ...States, 932 F. Supp. 2d 1, 2-3 (D.D.C. 2013) (internal quotation marks omitted) (citing Second Amendment Found. v. U.S. Conf. of Mayors, 274 F.3d 521, 524 (D.C. Cir. 2001)). When ruling on a 12(b)(2) motion, the court "may receive and weigh affidavits and any other relevant matter to assist......
  • Request a trial to view additional results

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