January 6, 2009

Federal Appeals Court Panel Rules That Gunshop’s Defamation Case Belongs in State Court

A federal appeals court panel has ruled that a defamation case brought by gun store owners against New York Mayor Michael R. Bloomberg should proceed in Georgia's Cobb County Superior Court, not federal court.

Finding that the federal courts don't have jurisdiction over the matter, the Dec. 19 ruling by the 11th U.S. Circuit Court of Appeals ordered the lawsuit be sent back to Marietta, where it was filed originally.

Jasper lawyer Edwin D. Marger, who represents the gun store and its owners, said his clients have a better chance of prevailing on their defamation suit in Cobb County than they would have had in federal court. Marger said his client Jay Wallace is a well-liked fixture in Cobb County.

The case was brought by Wallace, his wife, Cecilia, and their store, Adventure Outdoors. At the heart of their claims is a 2006 news conference in which Bloomberg announced that New York City was filing suit in U.S. District Court in New York against 26 gun dealers, including Adventure Outdoors, to force them to comply with laws governing firearm sales.

The New York suit, sought to put an end to so-called straw sales, in which a customer who is prohibited from buying a gun uses someone else to fill out the required forms. In a sting operation, New York City hired private investigators who posed as gun buyers.

Bloomberg said at the press conference that the gun dealers had sold guns that ended up in the hands of criminals in New York. He called the gun dealers "a group of bad apples who routinely ignore federal regulations."

Adventure Outdoors responded by suing New York City, Bloomberg and other city officials, as well as Georgia-based private investigators, claiming that the city had been negligent in investigating the gun dealer and that city officials had spread lies about the dealership and the Wallaces.

http://www.law.com/jsp/article.jsp?id=1202427143081&rss=newswire

Comments (4)

I'm curious to learn if Michael Bloomburg will become anti-knife and focus his efforts in that area when he loses to the Wallace suit. I'm originally from Upstate New York and I recall far more stabbings than shootings in the larger cities. I'm sure that if Utica and Syracuse, NY suffered far more stabbings than shootings, then it is likely that New York City is experiencing the same. I do know that 1/3rd of the battles from the Revoultionary War were conducted on NY Soil and it's difficult to get a pistol permit in that state. It doesn't make sense to me that some armed farmers (Battle of Oriskany)changed the tide in that war and the government body of the region are anti-gun. I believe that if you live in NY and are anti-gun, you should consider moving and make it a priority to learn the historical significance of an area prior to laying down your roots.

Posted by: JWallace | January 8, 2009 4:20 PM    Report this comment

better yet lets hope adventure outdoors will clean michael bloomberg out of all his billions of dollars and the s.o.b. will be broke. then i think he should be made to walk unarmed thru the ghetto in the city he thinks is the apple in the eye of the world. that will take care of that scum.

Posted by: pa-cman | January 8, 2009 11:01 AM    Report this comment

Bloomberg is a sniveling coward who would himself use a gun in self-defense. Two faced, sniveling COWARDS always crawl out of their sewers at the times when Congress is anti-gun.

Posted by: Ralph De La Huerta | January 8, 2009 10:43 AM    Report this comment

Lets hope Aventure Outdoors wins their suit, maybe that would teach that piece of crap Bloomberg not to stick his nose where it doesn't belong.

Posted by: Robert J | January 8, 2009 9:19 AM    Report this comment

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