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Appeals Court Shoots Down NYC Lawsuit Against Gun Industry

Click the below link to read about a noteworthy court decision that deals with the intertwined topics of legislated tort reforms, partisan politics, the federal judiciary and so-called "gun control."

A federal appeals court on Wednesday dismissed a lawsuit filed by New York City against gun manufacturers and distributors.

The city had sought to require the industry to ensure guns did not end up in illegal hands. In a 2-1 decision, however, a panel of the U.S. 2nd Circuit Court of Appeals ruled that gun manufacturers and distributors legally were immune from such lawsuits by virtue of the Protection of Lawful Commerce in Arms Act, a federal law that was enacted in 2005 to shield the gun industry from liability for crimes committed with their products. The decision overturned a lower court ruling.

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Ah, yes, the Protection in Lawful Commerce in Arms Act. One of the crowning achievements of the Bush-Lott-McConnell-Hastert-DeLay years.

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BTW, that ruling was written by Judge Roger Miner, who was nominated to that bench by President Reagan. That's true, Ross Perot, there are no term limits on federal judges.

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Here's a link to the text of the decision.

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Here's a link to Reuters' version of events.


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Comments (6)

Somehow this should cost NY... (Below threshold)

Somehow this should cost NYC a billion dollars or so.

Reuters' piece is wrong whe... (Below threshold)

Reuters' piece is wrong when it says:

But in a 2-1 decision, the panel of three judges ruled that the gun suppliers did deserve immunity under the Protection of Lawful Commerce in Arms Act, a federal law passed in 2005 to prevent firearms manufacturers and dealers from being held liable for crimes committed with their products.

That isn't what the law does. Reuters' piece correctly quotes the court's description of the statute in question:

"Congress clearly intended to protect from vicarious liability members of the firearms industry who engage in the 'lawful design, manufacture, marketing, distribution, importation or sale' of firearms," the appeals court said.

The twit Bloomberg is of course full of c**p when he decries the decision. Bloomberg's crusade against firearms has been shown to be dishonest and in fact illegal in its conduct.

"Somehow this should cost N... (Below threshold)
John F Not Kerry:

"Somehow this should cost NYC a billion dollars or so."

Correction: It should come out of the pockets of idiots like Bloomberg, with the stipulation that it could not be recovered through taxpayer funds.

When are the citizens of NY... (Below threshold)
GarandFan Author Profile Page:

When are the citizens of NY City going to get tired of Bloomberg throwing away their tax dollars on frivolous lawsuits. On the other hand, when are the manufacturers going to get together and start their own lawsuits against these idiots for filing malicious lawsuits?

Another great example of wh... (Below threshold)

Another great example of why we need a "loser pays" system, under which Bloomberg would have to reimburse the gun industry for their legal costs. He knew this suit was pure, political BS grandstanding. But, it was never about winning. It was about economically punishing a lawful industry that he dislikes.

Will he start suing pharmacists now when Oxycontin makes its way to the black market?

How about car makers when their vehicles are used in drive-by shootings?

Bloomberg is a grade A jackass.

I wonder if Mayor Daley is ... (Below threshold)

I wonder if Mayor Daley is crying he has been working so hard to play the Firearms Industry for deaths in his city. He and Bloomberg were working on multi-city lawsuit. THis just more bad news for him.






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