Wednesday, April 30, 2008

NYC lawsuit dismissed...

NYC Loses Lawsuit Against Gun Industry

NEW YORK (AP) -- A federal appeals court has tossed out New York City's lawsuit claiming the gun industry markets weapons with the knowledge that they could be diverted into illegal markets.

The 2nd Circuit Court of Appeals in Manhattan ruled Wednesday that a federal law provides the gun industry with broad immunity from lawsuits brought by crime victims and violence-plagued cities.

A Brooklyn judge had allowed the lawsuit to proceed, though it had not yet reached trial.

New York is one of several cities which had sued gun makers. It said the industry violated public nuisance law by allowing widespread access to illegal firearms.

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

Take that and stuff it Bloomie.

Link to the opinion.

The NRA response:

“Today’s dismissal of this bogus lawsuit against America’s firearm industry is an important victory,” declared Chris W. Cox, executive director for the National Rifle Association (NRA). “New York City’s lawsuit was a politically motivated attack by an anti-gun mayor to bankrupt a lawful industry.”

NSSF response:

Today’s ruling is very gratifying to members of the firearms industry. 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.”

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