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Knimrod
12-04-2005, 01:40 AM
Judge Keeps NYC Gun Lawsuit Alive
Friday December 2, 5:05 pm ET
By David B. Caruso, Associated Press Writer
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Judge Keeps NYC Suit Against Gun Makers Alive, Citing an Exception in New Federal Law

NEW YORK (AP) -- A federal judge ruled Friday that New York City's lawsuit against gun manufacturers can go forward, saying a new federal law designed to shield the industry from legal action does not apply in this case.

The new law, which was championed by the National Rifle Association and signed by President Bush in October, barred lawsuits against gun makers or sellers by cities and crime victims. But it made an exception for lawsuits accusing gun makers of knowingly violating a law regarding the sale or marketing of firearms.

U.S. District Judge Jack B. Weinstein ruled that the city's case -- which claims that gun suppliers violated public nuisance law by negligently and recklessly marketing its weapons -- falls within that exception.

In a victory for the gun industry, however, the judge found that the federal law is constitutional.

NRA spokesman Andrew Arulanandam said he is confident the bulk of the ruling will 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.

The lawsuit seeks no money damages, but wants gun makers to more closely police dealers who frequently sell guns later used to commit crimes. It alleges the gun industry has flooded the market, allowing guns to fall into criminals' hands.

Similar lawsuits had been filed by cities and states across the country.

In ruling that the federal law is constitutional, Weinstein said it "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."

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

"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," he said.

Link to story (http://ca.us.biz.yahoo.com/ap/051202/gun_lawsuits_new_york.html?.v=5)

Dan
12-04-2005, 01:38 PM
Jack Weinstein is a senile gun grabber and was looking for any chance to take out the gun industry.

The NAACP and NYC both judgeshopped for him.