Springfield Armory, Inc. v. City of Columbus

• Decision Date: 03 February 1992
• Docket Number: No. C2-91-330.,C2-91-330.
• Citation: 805 F. Supp. 489
• Parties: SPRINGFIELD ARMORY, INC., et al., Plaintiffs, v. CITY OF COLUMBUS, et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

805 F. Supp. 489

SPRINGFIELD ARMORY, INC., et al., Plaintiffs, v. CITY OF COLUMBUS, et al., Defendants.

No. C2-91-330.

United States District Court, S.D. Ohio, E.D.

February 3, 1992.

COPYRIGHT MATERIAL OMITTED

Stephen P. Halbrook, Fairfax, Va., Donald C. Brey, Chester, Hoffman, Willcox & Saxbe, Columbus, Ohio, for plaintiffs.

Glenn B. Redick, Asst. City Atty., City of Columbus, Dept. of Law, Columbus, Ohio, for defendants.

OPINION AND ORDER

GRAHAM, District Judge.

Plaintiffs bring this action under 28 U.S.C. § 2201, 2202; 42 U.S.C. §§ 1983 and 1988; and Article I § 10 and the Fourteenth Amendment of the United States Constitution, challenging the constitutionality of Columbus City Code §§ 2323.01 and 2323.05 which restrict the sale and possession of certain firearms that the Columbus Code classifies as "assault weapons." The plaintiffs in this action are two firearms manufacturers, Springfield Armory, Inc. ("Springfield Armory") and Colt's Manufacturing Company, Inc. ("Colt"); a federally-licensed firearms dealer whose business is located in Columbus, Daniel D. Donaldson d/b/a Dan's Gun Store; and three residents of Columbus, Barbara P. Smith, Vicki L. Spino-Smith and Gerald L. Smolak, who wish to buy firearms affected by the subject ordinance. Defendants in this action are the City of Columbus and City Attorney Ronald J. O'Brien in his official capacity. Presently before the Court are the parties' cross motions for summary judgment.

I.

On May 22, 1989 the Columbus City Council enacted Ordinance No. 1226-89 amending Columbus Code §§ 2323.01 and 2323.05 so as to ban the purchase and sale of firearms designated as "assault weapons." As amended, Columbus Code § 2323.01(I) provides in part as follows:

"Assault weapon" means any of the following:

(1) All of the following specified rifles:

. . . . .

5. Colt AR-15 and CAR-15.

. . . . .

13. Springfield Armory BM59 and SAR-48.

. . . . .

(4) Other models by the same manufacturer with the same action design that have slight modifications or enhancements of the firearms listed in subparagraphs (1), (2), and (3), provided the caliber exceeds .22 rimfire.

Thus, the subject ordinance's definition of "assault weapon" is limited to the specific firearms listed in the ordinance along with any others by the same manufacturers employing the same action design but with slight modifications or enhancements. Columbus Code § 2323.05(A) provides that no person shall knowingly sell an assault weapon. Section 2323.05(B) provides that no person shall knowingly possess an assault weapon unless, as provided in paragraph (c), the person lawfully possessed the assault weapon before October 31, 1989 and properly registered the weapon between November 1 and November 30, 1989. Violation of § 2323.05 constitutes a first degree misdemeanor, punishable by up to six months imprisonment and a $5,000 fine.

Springfield Armory is a federally-licensed firearm manufacturer and importer located in Illinois. Colt is a federally-licensed firearm manufacturer located in Connecticut. Springfield Armory and Colt both manufacture firearms which are listed as banned assault weapons in the subject ordinance, as well as other firearms which are not listed but may be affected by the ordinance. Plaintiff Donaldson does business as Dan's Gun Store in Columbus, Ohio. The remaining three plaintiffs are Columbus residents.

Representatives of both Springfield Armory and Colt indicate in their affidavits that they are unable to determine the meaning of the phrase "slight modifications or enhancements" contained in Columbus Code § 2323.01(I)(4). Both also assert that the ordinance does not list or ban firearms made by other manufacturers which are functionally identical to the banned Springfield Armory and Colt firearms. Plaintiff Donaldson states in his affidavit that he is afraid to stock at his store firearms not specifically listed in Columbus Code § 2323.01 but that are manufactured by the same manufacturers who make the listed firearms because he does not know what firearms are included within the term "other models by the same manufacturer with the same action design that have slight modifications or enhancements."

Donaldson also avers that he wishes to buy from Colt an AR-15 Sporter rifle to sell to plaintiff Smith, and that he wishes to buy from Springfield Armory a BM59 rifle and a SAR-48 rifle to sell to plaintiffs Smolak and Spino-Smith, respectively. Plaintiffs Smith, Smolak and Spino-Smith confirm in their affidavits that they want to purchase the firearms from Donaldson. All plaintiffs agree that but for the subject ordinance they would proceed with the above-described proposed transactions.

Plaintiffs assert three claims for declaratory and injunctive relief: (1) that the subject ordinance constitutes an unconstitutional bill of attainder; (2) that the term "slight modifications or enhancements" is unconstitutionally vague; and (3) that the term "Colt AR-15" is either unconstitutionally vague or does not include "Colt AR-15 Sporter."

II.

The procedure for granting summary judgment is found in Fed.R.Civ.P. 56(c), which provides:

The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

The evidence must be viewed in the light most favorable to the nonmoving party. Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Summary judgment will not lie if the dispute about a material fact is genuine, "that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). However, summary judgment is appropriate if the opposing party fails to make a showing sufficient to establish the existence of an element essential to that party's case and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). See also Matsushita Electric Industrial Company, Ltd. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

The Sixth Circuit Court of Appeals has recognized that Liberty Lobby, Celotex and Matsushita effected "a decided change in summary judgment practice," ushering in a "new era" in summary judgments. Street v. J.C. Bradford & Co., 886 F.2d 1472, 1476 (6th Cir.1989). The court in Street identified a number of important principles applicable in new era summary judgment practice. For example, complex cases and cases involving state of mind issues are not necessarily inappropriate for summary judgment. Id. at 1479. In addition, in responding to a summary judgment motion, the nonmoving party "cannot rely on the hope that the trier of fact will disbelieve the movant's denial of a disputed fact, but must `present affirmative evidence in order to defeat a properly supported motion for summary judgment.'" Id. (quoting Liberty Lobby, 477 U.S. at 257, 106 S.Ct. at 2514). The nonmoving party must adduce more than a scintilla of evidence to overcome the summary judgment motion. Id. It is not sufficient for the nonmoving party to merely "`show that there is some metaphysical doubt as to the material facts.'" Id. (quoting Matsushita, 475 U.S. at 586, 106 S.Ct. at 1356). Moreover, "the trial court no longer has a duty to search the entire record to establish that it is bereft of a genuine issue of material fact." Id. That is, the nonmoving party has an affirmative duty to direct the court's attention to those specific portions of the record upon which it seeks to rely to create a genuine issue of material fact.

III.

The Court will first examine whether a triable issue exists as to whether the ordinance is an unconstitutional bill of attainder. Art. I § 10 of the United States Constitution provides in pertinent part that "no state shall ... pass any Bill of Attainder ..." In essence, a bill of attainder is "a law that legislatively determines guilt and inflicts punishment upon an identifiable individual without provision of the protections of a judicial trial. Nixon v. Administrator of General Services, 433 U.S. 425, 468, 97 S.Ct. 2777, 2803, 53 L.Ed.2d 867 (1977). Thus, a plaintiff challenging a legislative act on the ground that it is an unconstitutional bill of attainder must prove three elements: nonjudicial infliction of punishment; specificity as to the identity of individuals affected; and lack of a judicial trial. See 16A Am.Jur.2d Constitutional Law § 655 (1979). These elements must be established by the "clearest proof." Communist Party of the United States v. Subversive Activities Control Board, 367 U.S. 1, 83, 81 S.Ct. 1357, 1403, 6 L.Ed.2d 625 (1960).

The parties dispute all three elements, although the most of the parties' discussion on the attainder issue appropriately focuses on the punishment element. Because the Court finds the element of punishment to be dispositive with respect to plaintiffs' attainder claim, it is unnecessary for the Court to reach the other two elements.

Plaintiffs argue, inter alia, that the subject ordinance deprives them of the opportunity to sell the banned firearms in Columbus, resulting in economic harm to Springfield Armory and Colt. Defendants maintain that the element of punishment is lacking because the burdens imposed upon Springfield Armory and Colt do not fit within the historic definition of punishment for purposes of attainder; because the ordinance fulfills a legitimate nonpunitive purpose; and because there is no evidence of any intent to punish Springfield Armory or Colt.

A legislative act does not automatically violate the prohibition against bills of attainder merely because it places some burden upon an identified individual or group. Nixon, ...