Appeals court tosses out NYC lawsuit

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Thread: Appeals court tosses out NYC lawsuit

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    Member Array Arisin Wind's Avatar
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    Appeals court tosses out NYC lawsuit

    The Associated Press: Appeals court tosses out NYC lawsuit against gun industry

    Appeals court tosses out NYC lawsuit against gun industry

    By LARRY NEUMEISTER – 1 hour ago

    NEW YORK (AP) — A federal appeals court Wednesday tossed out New York City's lawsuit accusing the gun industry of selling firearms with the knowledge they can be diverted into illegal markets.

    The 2nd U.S. Circuit Court of Appeals ruled that a federal law provides the gun industry with broad immunity from lawsuits brought by crime victims and violence-plagued cities. A federal judge had allowed the lawsuit to proceed, though it had not yet reached trial.

    New York is one of several cities that had sued gun makers. It said the industry violated public nuisance law by failing to take reasonable steps to stop widespread access to illegal firearms.

    The lawsuit asked for no monetary damages. It had sought a court order for gun makers to more closely monitor those dealers who frequently sell guns later used to commit crimes.

    "I am disappointed in the court's decision," said Mayor Michael Bloomberg. "Regardless of this ruling, we will continue our fight against illegal guns full bore — in the courtrooms, on the streets and in the Congress."

    City Corporation Counsel Michael Cardozo said his office "is analyzing the decision" before deciding whether to appeal.

    Lawrence G. Keane, a lawyer for the National Shooting Sports Foundation, a firearms industry trade association, called the ruling "very gratifying to members of the firearms industry."

    He said 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 said the state nuisance law makes it a crime to knowingly or recklessly create a condition endangering the safety or health of a considerable number of people. The appeals court said New York's law does not qualify as an exception to federal law. It agreed with U.S. District Judge Jack B. Weinstein that the Protection of Lawful Commerce in Arms Act, signed by President Bush in 2005, is constitutional.

    The lawsuit was first brought in June 2000 while Rudy Giuliani was mayor. It was delayed due to the Sept. 11, 2001 terrorist attacks on the World Trade Center and because of similar litigation in the state courts.

    The city refiled the lawsuit in January 2004, saying manufacturers let handguns reach illegal markets at gun shows in which non-licensed people can sell to other private citizens; through private sales in which background checks are not required; by oversupplying markets where gun regulations are lax, and by having poor overall security.

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    Senior Member Array Roadrunner's Avatar
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    And to Bloomberg for being such a tool.
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    VIP Member Array SatCong's Avatar
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    Good news for once.
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    Bloomberg...Lawsuit...Attack the gun makers...

    The 2nd U.S. Circuit Court of Appeals...
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    VIP Member Array matiki's Avatar
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    The 2nd U.S. Circuit Court of Appeals ruled that a federal law provides the gun industry with broad immunity from lawsuits brought by crime victims and violence-plagued cities.
    Nice touch ...

    I'm glad they ruled as they did.
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

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    Senior Member Array DPro.40's Avatar
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    What!!!

    He said he was disappointed but will continue the fight.
    What a Maroon
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    Good thing it wasn't the 9th Circuit.

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    Senior Member Array TheGreatGonzo's Avatar
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    Quote Originally Posted by Arisin Wind View Post
    He said 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."
    Although it chills me to agree with an attorney, he hit the nail directly on the head. Now, if only (yes, I know it is a HUGE "if only") citizens could legally carry guns in NYC. I think you would see a HUGE drop in the rate of violent crimes.
    Gonzo
    Last edited by Captain Crunch; May 2nd, 2008 at 01:34 PM.
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    VIP Member Array Rob99VMI04's Avatar
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    New York Looses Suit

    CITY SUIT MISFIRES - New York Post

    May 1, 2008 -- In a blow to Mayor Bloomberg's campaign to get guns off the streets, a federal appeals court shot down a suit by the city that sought to make firearm makers responsible for the illegal sale of weapons.

    The 2nd Circuit Court of Appeals in Manhattan tossed out the lawsuit in light of a 2005 law that Congress crafted in direct response to the city's claims. The 2-to-1 split opinion overturned an earlier ruling by Brooklyn federal Judge Jack Weinstein, who was poised to start a trial in the case when Congress approved the law.

    Bloomberg said he is "disappointed," but vowed to continue his fight against illegal guns through another lawsuit targeting crooked dealers and pawnshops.

    "It is important to note that this ruling about a suit against gun manufacturers will not impact the litigation against gun dealers we began in 2006," Bloomberg said.

    "Regardless of this ruling, we will continue our fight against illegal guns full bore - in the courtrooms, on the streets and in the Congress."

    The city's original suit, filed in 2000, accused gun makers of turning a blind eye to the sale of illegal firearms and sought to force the companies to take steps toward stemming the flow of weapons to the black market.

    In response to Congress' actions in 2005, the city challenged the legality of the new federal law and sought to get around it by applying a municipal statute designed to address public nuisances. The federal appeals court ruled that the local statute does not specifically address guns and, therefore, is not applicable.

    Lawyers for the gun makers applauded yesterday's ruling.

    "I'm elated with the decision," said John Renzulli, an attorney for Glock Inc. "I'm happy that the 2nd Circuit followed the congressional dictates."

    Lawrence Keane, a lawyer for the National Shooting Sports Foundation, said Congress "understood that frivolous lawsuits like New York City's defied common sense and represented a clear abuse of the judicial system."
    “Are you a thermometer or a thermostat, do you reflect or become what is happening in the room or do you change the atmosphere, reset the temperature when you come into the room”?--Chuck Swindoll

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    VIP Member Array Rob99VMI04's Avatar
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    WHISKY TANGO FOXTROT.

    GLOCK had to hire a lawyer to go and fight for them. Why does GLOCK sell Guns to NYPD? I know there out for a buck but I would tell them to pound sand.
    “Are you a thermometer or a thermostat, do you reflect or become what is happening in the room or do you change the atmosphere, reset the temperature when you come into the room”?--Chuck Swindoll

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    Senior Member Array rmilchman's Avatar
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    I wonder if they will go after car manufactures next. A car could get into the wrong hands and be used in a robbery or homicide.

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