May 13, 2008

Mayor Bloomberg Wants to Gag 2nd Amendment

Lawyers for Mayor Michael Bloomberg have asked a judge to ban any reference to the Second Amendment during the upcoming trial of a gun shop owner who has sued New York City officials for libel damages of $400 million.

The trial concerns a civil lawsuit trial beginning May 27 against Georgia gun dealer Jay Wallace, proprietor at Adventure Outdoors. The city alleges Adventure Outdoors is responsible for a disproportionate number of the firearms recovered from criminals in New York City.

A lawyer for Adventure Outdoors, John Renzulli, said, "If you can't discuss the Bill of Rights in a court of law, where should we discuss these issues? Should we reserve it for the tavern? The politics involved here is whether the city has the power to go into another state and control the lawful sale of firearms."

Jay Wallace is soliciting funds for his legal fight against Michael Bloomberg and the City of New York. If you wish to contribute, click on http://bloombergfightbackfund.com/index.html for more information.

"Apparently Mayor Bloomberg has a problem with both the First and the Second amendments," Lawrence Keane, the general counsel of a firearms industry association, the National Shooting Sports Foundation, said.

The gun store's owner, Jay Wallace, says his store abides by Georgia and federal regulations and takes steps to avoid selling firearms to gun traffickers.

Eric Proshansky, the lawyer for the city, wrote in the motion that he's seeking a ban on "any references" to the amendment.

"Any references by counsel to the Second Amendment or analogous state constitutional provisions are likewise irrelevant," the brief states.

http://www.nysun.com/news/new-york/gag-2nd-amendment-city-s-aim-guns-suit

Comments (11)

The 2nd Amendment doesn't mention the firearms transactions, but rather the legal sale of firearms is implied by it. Wallace can easily win without reference to it by demonstrating his lawful actions in conducting sales. What Wallace needs to do is attack Bloomberg. Bloomberg financed the operation and sent private investigators to make purchases. Basically, Bloomberg financed the same straw purchases that he claims others are doing and if he has not turned those firearms over to a law enforcement agency, then he has committed multiple felonies to include unlawful purchase and unlawful possession, not to mention failure to register those firearms in NYC.

Posted by: MICHEAL S | May 17, 2008 11:48 AM    Report this comment

It ought to be illegal to ban (gag) any portion of the Constitution including the amendments. The one thing that should be gagged is mayor Bloomberg. Thomas

Posted by: Thomas M | May 16, 2008 12:35 PM    Report this comment

Bloomberg tried to go after the gun companies and failed. Now he is going after the gun dealers. If this fails he will go after ammunition manufacturers, then you. There needs to be an end to frivolous lawsuits.

Posted by: Robert J | May 16, 2008 6:46 AM    Report this comment

Robert, while I am a member of the NRA and subscribe to the NRA-ILA section of the NRA, you should be aware of one fact. I shop at Adventure Outdoors and have found out that the NRA is not contributing one dime to the defense of this issue. If you really wish to help Jay Wallace, contribute above.

Posted by: JAMES L | May 16, 2008 5:10 AM    Report this comment

Send the mayor an offer to pay for him to get a new paint job. Chicken s**t(is that two words or one?) yellow would do nicely. Oh yeah, that is his present color isn't it.

Posted by: Ronald L | May 15, 2008 10:00 PM    Report this comment

No judge, local, county, state or federal has any constitutional right to limit evidence (in this case abridging 1st amendment rights) presented by the defense. I am saddened to learn that a judge might consider such an action. Even the ACLU might be of help if asked. Is there a friend of the court who could bring out this point to the cort?

Posted by: John S | May 15, 2008 5:58 PM    Report this comment

So, tell me how you ban a portion of the "Bill of Rights"? I did not think s Superior court judge had that power. My check is in the mail Jay

Posted by: Mark G | May 15, 2008 4:17 PM    Report this comment

I have to back Jay Wallace when he says that his store abides by Georgia and federal law. I purchased 3 of my 5 handguns at Adventure Outdoors, and they did a background check each time.

Posted by: donba27 | May 15, 2008 3:46 PM    Report this comment

Amen Robert . . .
Gags of any kind do not have a place in a FREE country.

Posted by: NorCalChuck | May 15, 2008 2:06 PM    Report this comment

Amen Robert . . .
Gags of any kind do not have a place in a FREE country.

Posted by: NorCalChuck | May 15, 2008 2:05 PM    Report this comment

since it is in the courts where the battles are won, i will continue to send money to the NRA-ILA. my rhetoric does not carry the same clout as my dollars ........ robert

Posted by: ROBERT M | May 14, 2008 5:52 AM    Report this comment

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