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Thread: Appeals court dismisses NY suit vs. gun industry Al JaReuters

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    http://www.reuters.com/article/domes...51467020080430

    NEW YORK (Reuters) - A U.S. federal appeals court on Wednesday dismissed a lawsuit filed by New York City against gun makers and suppliers the city targeted in a bid to stop the flow of illegal weapons.
    The 2nd U.S. Circuit Court of Appeals rejected the city's claims against the manufacturers and wholesale sellers of firearms, saying a federal law granted them immunity.
    The decision overturns a lower court ruling.
    The gun manufacturers had appealed a decision by federal Judge Jack Weinstein, who ruled the courts had jurisdiction to hear the lawsuits.
    The city claimed firearms makers and suppliers marketed guns to legitimate buyers knowing those guns would be end up in illegal markets.
    The federal appeals court panel ruled that the gun suppliers had immunity under a federal law passed in 2005 that prevents firearms manufacturers and dealers from being held liable for crimes committed with their products.
    The lawsuit, originally filed in 2000 under former New York Mayor Rudolph Giuliani, sought no monetary damages but claimed suppliers marketed guns to legitimate buyers knowing they would then be used illegally.
    The city argued suppliers should be ordered to more closely monitor the flow of firearms into illegal markets.
    The lawsuit was amended in 2004 under Mayor Michael Bloomberg, who filed similar civil lawsuits against gun dealers in 2006. Many of those lawsuits have been settled.
    (Reporting by Christine Kearney; Editing by Daniel Trotta and Doina Chiacu)


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    Regular Member IanB's Avatar
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    NEWS RELEASESAF CHEERS FEDERAL COURT REJECTION OF BLOOMBERG LAWSUIT
    BELLEVUE, WA – The Second Amendment Foundation said today’s dismissal of a lawsuit filed against the firearms industry by anti-gun New York Mayor Michael Bloomberg should send a clear message that “courthouse demagoguery and harassment of law-abiding business is not the responsible way to fight crime.”

    The 2-1 opinion, written by U.S. Appeals Court Judge Robert J. Miner, affirms the constitutionality of the 2005 Lawful Commerce in Arms Act. It overturns a lower court ruling by activist federal judge Jack B. Weinstein, explaining that he should have dismissed the case instead of allowing it to go forward.

    “Today’s ruling is clearly a defeat for Michael Bloomberg,” said SAF founder Alan M. Gottlieb. “The law trumps a billionaire’s arrogance and a federal judge’s long standing anti-gun activism. It is time for Bloomberg to grow up, and for Weinstein to step down.

    “Judge Weinstein should certainly step aside from a case that will come before the court shortly on Bloomberg’s harassment lawsuit of firearms dealers in other states,” he added.

    Gottlieb called the Miner ruling a clear victory for America’s politically demonized firearms industry, and he congratulated gun makers and the National Shooting Sports Foundation.

    “This ruling should also send a message to anti-gun extremist groups like the Brady Campaign to Prevent Gun Violence that bankrolling frivolous junk lawsuits in an attempt to bankrupt a heavily-regulated, lawful industry must cease,” Gottlieb observed. “Abusing the legal system to harass gun makers may grab a few cheap headlines, but what does it really accomplish? Criminals still commit crimes with guns they get illegally from illicit sources.

    “Legal theatrics that deflect attention from the failure of Bloomberg’s administration to prevent crime while pursuing an agenda of victim disarmament are all flash and no substance,” Gottlieb concluded, “and the people know it. Judging from today’s appeals court ruling, so do the courts.”

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    Campaign Veteran deepdiver's Avatar
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    Good news on multiple levels and not just about firearms. The gov't needs to get out of the way of many things in this nation.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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    Regular Member Flintlock's Avatar
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    Well, at least we didn't have activist judges legislating from the bench like we normally do.
    Peace through superior firepower

    Luke 11:21
    "When a strong man, fully armed, guards his own house, his possessions are undisturbed.

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    Campaign Veteran deepdiver's Avatar
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    Flintlock wrote:
    Well, at least we didn't have activist judges legislating from the bench like we normally do.
    They were appealing though because that is what we had in the lower court as I understand.
    Bob Owens @ Bearing Arms (paraphrased): "These people aren't against violence; they're very much in favor of violence. They're against armed resistance."

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