# Judge: Gun Law Doesn't Apply to NYC Suit



## kwflatbed (Dec 29, 2004)

*By DAVID B. CARUSO*
_Associated Press Writer_

A federal law designed to give the gun industry broad immunity from lawsuits filed by crime victims and violence-plagued cities does not apply to a pending suit by the city of New York, a federal judge ruled Friday.

If upheld, the ruling would raise questions about the effectiveness of the federal legislation, which was championed by the National Rifle Association and signed into law by President Bush in October.

U.S. Judge Jack B. Weinstein said in a 97-page opinion that the legislation contained an exception wide enough to allow New York's claim to go forward.

In a victory for gun makers, however, Weinstein also rejected the city's argument that the law was unconstitutional.

"As construed, the act adequately balances congressional concern over the viability of the handgun industry and the concern of the states and municipalities for the safety of their populations against handgun violence spawned by careless merchandising," Weinstein wrote.

Acknowledging that his decision would be controversial, the judge immediately stayed all action in the trial in order to allow gun manufacturers to appeal.

NRA spokesman Andrew Arulanandam said he was confident the bulk of the opinion would be overturned.

"We believe it is now the law of the land that law-abiding manufacturers and retailers will not be held responsible for the independent actions of criminals," Arulanandam said. He added that the NRA had expected to encounter "judicial activism" in the law's early days.

New York is one of several cities suing major U.S. suppliers of handguns, arguing that gun manufacturers violated public nuisance law by fostering a situation that allowed widespread access to illegal firearms.

The suit seeks no money damages, but wants gun makers to more closely police dealers who frequently sell guns later used to commit crimes.

A trial was scheduled to begin on Nov. 28, but looked like it might be derailed by enactment of the federal law, which required that most pending suits seeking to hold gun makers and sellers accountable for crime "shall be immediately dismissed."

The act allowed lawsuits to stay alive only if a gun maker or seller knowingly violated a law applicable to the sale or marketing of firearms.

Lawrence Greenwald, an attorney for Beretta USA Corp., said Congress meant that exception to apply only to laws specifically regulating guns.

Weinstein interpreted it more broadly.

"If Congress had wanted to limit the predicate exception ... it could easily have done so. It did not," he wrote.

Mayor Michael Bloomberg praised the ruling in a written statement and said the shooting of a New York police officer during a traffic stop on Monday is "deadly evidence that the scourge of guns in the city is ever-present."

"Our lawsuit is designed and intended to stop this scourge," Bloomberg said. "With the gun industry completely unwilling to take reasonable steps to control their own dealers, the city has no recourse but to go to the courts."








Copyright 2005 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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## dcs2244 (Jan 29, 2004)

"...wants gun makers to more closely *police* dealers..."

Isn't that the job of law enforcement? Mayor Bloomberg: start enforcing the laws...the BATF is there to help you, pinhead.

Next on the agenda: a lawsuit to "...make automobile manufacturers more closely police dealers who sell cars that are involved in OUI fatal collisions..."! Just insert the product you are queer about into that phrase and you will see where this stuff is heading...


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## mpd61 (Aug 7, 2002)

I do follow the logic;

Theres no *$$$* involved, so this judge doesn't see how it could bankrupt/ruin a firearms manufacturer. Also he stayed any action in the trial, so the gun industry can mount a proper defense.

I think we would be better focused on the S.F. controversy, this NYC suit should fall off the radar soon.
:sh:


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## Eamonn Wright (Nov 1, 2005)

The anti-gun lobby purposely brought this case to Judge Weinstein due to his notorious anti-gun beliefs. This case should get slapped down on appeal.


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