March 9th, 2009 05:04 PM
New York Fails To Revive Gun Lawsuit
New York City on Monday failed before the U.S. Supreme Court to revive a lawsuit it filed against the gun industry.
New York sued several gun manufacturers in 2000, arguing the companies violated a state public nuisance law with their marketing and distribution of the firearms products they sell. Among the companies sued were Beretta USA Corp., Smith & Wesson Holding Corp. (SWHC), Colt's Manufacturing Co. LLC, Sturm, Ruger & Co. (RGR) and Glock GmbH.
A federal law enacted in 2005 sought to shield gun makers from lawsuits like the one New York filed, prompting a federal judge to throw the case out. The 2nd U.S. Circuit Court of Appeals in New York in April 2008 upheld that ruling by a 2-1 vote.
New York, in a court brief, said the 2005 law violates state rights under the U.S. Constitution. "This congressional effort to control how states make law raises important questions about the Tenth Amendment's protections of state sovereignty," New York said.
The gun manufacturers, in a joint legal brief, said the federal appeals court correctly applied the 2005 statute and argued the law does not violate the Constitution. "This case does not qualify for Supreme Court review," the gun makers said.
The case is New York v. Beretta, 08-530.
New York Fails To Revive Gun Lawsuit
March 9th, 2009 05:38 PM
Good, a win for us which we need right now. Who knows how it will go later.
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"The Double Tap Center Mass Boogie. Learn it, know it, love it, shoot it. Good guys should live, bad guys not so much. " - Ted Nugent 09
March 10th, 2009 11:16 PM
More Very Good:New York v. Beretta and Lawson v. Beretta
Fairfax, Va. - On Monday, March 9, the U.S. Supreme Court denied consideration of New York City and Washington, D.C. lawsuits, New York v. Beretta and Lawson v. Beretta, respectively, that tried to hold American gun manufacturers responsible for the acts of criminals. The Court 's order leaves standing a pair of decisions by the U.S. Court of Appeals for the Second Circuit and District of Columbia Court of Appeals, both of which found that the Protection of Lawful Commerce in Arms Act (PLCAA), enacted in 2005, prevents these types of lawsuits against lawful firearms manufacturers and dealers.
"Big city mayors conceived these lawsuits to try and litigate American gun manufacturers - who President Roosevelt referred to as "the arsenal of democracy" - out of business," said Chris W. Cox, NRA chief lobbyist. "NRA has always believed the courts would agree with Congress that the PLCAA rightfully stops these reckless and politically motivated lawsuits."
In 2000, New York City, Washington, D.C. and several individual plaintiffs sued gun manufacturers, based on the idea that although they manufactured a legal product, forcing them to pay hundreds of millions of dollars in legal fees just to prove their innocence in court would drive them into bankruptcy. In addition to being based on a bogus legal theory, these lawsuits endangered American armed forces and law enforcement. During congressional debate over the PLCAA, the Department of Defense agreed with the NRA that bankrupting U.S. gun makers and making us dependent on foreign countries like France, Russia or China for small arms is a threat to America's domestic and international security.
"We are pleased that the courts have recognized the misguided intent of these lawsuits," concluded Cox. " America's law-abiding firearms manufacturers must be protected from reckless suits that have no legal merit."
I'm just one root in a grassroots organization. No one should assume that I speak for the VCDL.
I am neither an attorney-at-law nor I do play one on television or on the internet. No one should assumes my opinion is legal advice.
Veni, Vidi, Velcro
March 10th, 2009 11:48 PM
March 11th, 2009 12:10 AM
Got that info today in my NRA brief... Score one more for the good guys!
"The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."
March 11th, 2009 12:21 AM
About time for some good news out of New York.
For as the lightning comes from the east and flashes to the west, so also will the coming of the son of man be. Mathew 24:27
March 11th, 2009 12:45 AM
LOL where do these lawsuits come from?? Do we sue spoon manufacturers when people get obese?
Idealism is what precedes experience; cynicism is what follows.
- David T. Wolf
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