Legal Research

New York City Loses Gun Manufacturer Liability Case in Second Circuit Court of Appeals

By David Badertscher, PLL

Source: Crime and Justice News, May 1, 2008.

"New York City has hit a dead end in its attempt to hold gun manufacturers liable for the flow of illegal arms, says the New York Law Journal. Yesterday, the U.S. Court of Appeals for the 2nd Circuit dismissed the city's suit, upholding an act of Congress that insulated gun makers from liability while holding, 2 to 1, that New York's public nuisance law does not fit into an exception in the act".

"The suit charged that suppliers failed to monitor gun shows where non-licensed sellers sold weapons; private or "kitchen table" sellers who are not required to conduct background checks; 'straw purchases' by qualified handgun purchasers for those who are not qualified; multiple sales of guns; intentional illegal trafficking by corrupt licensees; theft from licensees with poor security or false reports of theft; and, the oversupply of guns to markets in jurisdictions that have lax gun regulations. The city is continuing other cases, including one against gun dealers in Georgia, Ohio, Pennsylvania, South Carolina, and Virginia the city claims knowingly or negligently sold firearms to straw buyers."

New York Law Journal

See  City of New York v. Beretta U.S.A. Corp., 05-6942.

Full post as published by New York Supreme Court Criminal Term Library on May 01, 2008 (boomark / email).