May 6, 2008

Follow-Up: Effects of Dismissed NYC Lawsuit

Last week Gun Reports reported that a Manhattan-based federal appeals court ordered the dismissal of a lawsuit filed against firearms manufacturers by the City of New York that sought to hold the manufacturers responsible for the criminal misuse of firearms.

The ruling is a major setback for gun-control groups, principally the Brady Center to Prevent Gun Violence, which pursued and funded many of the municipal lawsuits, including this New York City case, against the firearms industry.

Also, it becomes the most important test case of the Protection of Lawful Commerce in Arms Act.

Judge Robert J. Miner, writing for the U.S. Court of Appeals, held the Protection of Lawful Commerce in Arms Act, enacted in 2005, is constitutional and that Brooklyn, NY, federal court judge Jack B. Weinstein misinterpreted the law by not dismissing the case.

“We think Congress clearly intended to protect from vicarious liability members of the firearms industry who engage in the ‘lawful design, manufacture, marketing, distribution, importation, or sale’ of firearms,” said Judge Miner.

Following the ruling by the court, Lawrence G. Keane, senior vice president and general counsel for the National Shooting Sports Foundation, said, “In passing the Protection of Lawful Commerce in Arms Act, Congress understood that frivolous lawsuits like New York City’s defied common sense and represented a clear abuse of the judicial system that threatened to bankrupt a responsible and law-abiding industry.”

The city’s lawsuit against the nation’s firearms manufacturers was originally filed by Mayor Rudolph Giuliani in June 2000 and was continued by Mayor Michael Bloomberg. Mayor Bloomberg is also suing out-of-state firearms retailers. That case will go to trial later this month before Judge Weinstein.

Comments (8)

Clarify- Judge Roger Miner is the judge who overturned Judge Weinstein. Why does the article say the case is going to trial if Judge Miner dismissed it? If it is dismissed it is not going anywhere unless the city appeals it higher.

Posted by: Walrus | May 9, 2008 2:57 PM    Report this comment

Don't even think you can relax even for one minute. The Nazi's that are the gun grabbers will NEVER SURRENDER. We must remain ever vigilant in protecting our precious 2nd ammendment. I will always maintain a supply of ammo in whatever caliber our police and everyone's military is shooting and the firearms to send them downrange with.

Posted by: cavscout6202 | May 9, 2008 12:31 PM    Report this comment

Judge Weinstein is a known anti-gun fanatic....To him it doesn`t matter what the law says, he would rather twist/manipulate the law to suit his own beliefs....Another disgraceful judge....
We have judges like that in Canada too...

Posted by: Sharps74 | May 8, 2008 9:52 AM    Report this comment

It is Judge Roger Miner, former Columbia County Judge.

Posted by: Walrus | May 8, 2008 12:57 AM    Report this comment

Don't relax yet. McCain is no friend to the 2nd Amendment and he is going to be our next President. Keep your powder dry!

Posted by: marcthepig | May 7, 2008 4:35 PM    Report this comment

Let's Hope this doesn't continue. If it does, I think Secession is right around the corner for a great part of this country.

Posted by: Tim C | May 7, 2008 4:32 PM    Report this comment

Let's hope Judge Weinstein gets it right this time.

Posted by: majorp44 | May 7, 2008 4:17 PM    Report this comment

i do hope that the trend will continue in favor of gun sales/distribution/ownership...amen...

Posted by: biboy45 | May 7, 2008 4:10 PM    Report this comment

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