April 30, 2008

U.S. Court Rejects New York Gun Lawsuit

The New York Times has reported that a federal appeals court dismissed New York City’s blanket lawsuit against the gun industry on Wednesday, ruling that a relatively new federal law protects gunmakers against third-party litigation.

That law, the Protection of Lawful Commerce in Arms Act, banned all third-party suits against the gun industry except for those in which a plaintiff could prove that gunmakers had violated other state or federal statutes in their sales and marketing practices.

The appellate ruling killed legal efforts by the city to charge gunmakers and distributors with knowingly flooding illicit, underground markets with their weapons.

Mayor Michael R. Bloomberg’s administration argued that the gun manufacturers, by failing to monitor retail dealers closely enough, allowed guns to end up in the hands of criminals. As a result, the manufacturers created a “condition that negatively affects the public health or safety,” the city said and, thus, violated New York State’s public nuisance law.

But the Second Circuit Court of Appeals rejected that argument, ruling that the state nuisance law did not constitute a permissible exception under the Protection of Lawful Commerce in Arms Act.

U.S. Court Rejects New York Gun Lawsuit

Comments (4)

Criminals are going to find ways to acquire weapons for their nefarious activities whether its Guns, Knives, Bows, et cetera. Is Bloomberg intending to file frivolous lawsuits against these industries as well? Bloomberg is revealing his personal mission to ban guns. He's obviously unschooled in our country's history where one-third of the Revolutionary War battles took place on New York soil. In fact, several turning points in our war for independence from tyranny took place on Central New York soil. I do not think Colonial NY Farmers would have been able to assist in canging the history of this great country if they were unarmed.

Posted by: JWallace | May 3, 2008 7:26 AM    Report this comment

The citizens should file a class action suit against Bloomberg and his administration for failing to enforce current laws and allowing criminals to freely engage in unlawful activity, thereby creating a “condition that negatively affects the public health or safety," and, thus, violated New York State’s public nuisance law.

Posted by: Walt M | May 1, 2008 12:02 PM    Report this comment

Who actually believes this frivolous lawsuit would lead to a reduction in crime? Hey Bloomberg, next time try prosecuting criminals to reduce crime and quit waisting the tax payers money.

Posted by: Robert J | May 1, 2008 10:12 AM    Report this comment

bloomberg is an idiot who thinks his money can get him whatever he wants. i think he should be made to walk the streets of his fair city unarmed and without his body guards, then see if thinks gun are all that bad

Posted by: pa-cman | April 30, 2008 10:44 PM    Report this comment

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