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Gun Industry Gets the Green Light from both Congress and the Second Circuit

By Steve Lombardi

New York City has a criminal nuisance statute allowing the city to sue businesses engaging in a criminal enterprise or who contribute to criminal activity within the city limits. Using this statute in 2000 New York City filed a lawsuit against gun sellers and gun manufacturers because as it alleged together for "the movement of legally distributed handguns into illegal markets".  Essentially, the City's case was that those involved all had an economic incentive to look the other way.

The collective defendants filed a 12(b)(6) motion asking the Court to rule against the Plaintiff (A 12(b)(6) motion asks the Court to throw the case out on legal grounds.) saying the 2005 Protection of Lawful Commerce in Arms Act prohibits this type of suit.  All reported with a score card by the Wall Street Journal.  For the lawyers, the entire decision of City of New York v. Beretta, Docket No. 05-6942-cv(LEAD), 05-6964-cv (XAP), 06-3692-cv (CON), 06-3695-cv (XAP) can be read using the linked docket number.

We hear a lot about tort reform against those that are injured but we never hear those advocating for tort deform yelling about the crime in the streets. How come?

The New York Penal Law provides:

N.Y. 1 Penal Law § 240.45 provides, in pertinent part:  A person is guilty of criminal nuisance in the second degree when. . .By conduct either unlawful in itself or unreasonable under all the circumstances, he knowingly or recklessly creates or maintains a condition which endangers the safety or health of a considerable number of persons . . . .

Well that seems like a good thing for a City to prohibit so why is this suit being struck down?

And what is the Protection of Lawful Commerce in Arms Act? Here is a little of what the Act provides:

15 U.S.C. § 7902(b). A "qualified civil liability action" is a civil action or proceeding . . . brought by any person against a manufacturer or seller of a [firearm distributed in interstate or foreign commerce] . . . for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a [firearm distributed in interstate or foreign commerce] by the person or a third party. 15 U.S.C. § 7903(5)(A).

Let's assume for a second that the City of New York can prove the allegations in its Complaint. That would mean the Defendants are acting in a way that is illegal in New York. And also let's assume the Second Circuit's opinion won't be reversed on further appeal.  That would mean the gun manufacturers and sellers of handguns, through their collective lobbying efforts have essentially convinced our Congressman and Congresswoman who voted for the PLCAA to legalize a criminal enterprise and the criminal conduct that goes hand in hand with selling guns illegally.

Am I the only one who sees something wrong with this picture? Who in Congress voted for the PLCAA? And why are they still in Congress? Is our Congress broke? I wonder how costly it is to own Congress?

Searching for "gun manufacturers" brings up a list of "Handgun Manufacturers: The "big" boys". I searched for PLCCA but came up with no hits. You might want to know they are having a few "Closeouts/Specials".  Okay no luck there. So let's search for "hand guns for sale". There are plenty of choices here. At "handgunsforsale.net" you can buy some of the Top Selling Products and Newest Products including a Glock 39, 26, 27 or 17.

There is a button for "How to Buy Guns Online".

How To Buy Guns Online

If a firearm purchaser does not have a Federal Firearms License, federal law requires that the firearm be shipped to a local FFL dealer, who can then transfer the firearm to the purchaser.

If you are purchasing the gun from another state other than Arizona, the following instructions apply:

·                 We must ship firearms to your local dealer with valid FFL.

·                 We only ship the firearm after we have recieved (sic) their license copy that is signed in ink - (faxes are accepted).

·                 We ship the firearm with a copy of our license to your dealer by US postal, priority mail, Insured and return receipt.

·                 We do not ship out of the United States of America.

·                 Long guns may be shipped by ground UPS rather than next day air.

·                 You must be of legal age, all state (yours) and federal laws apply.

·                 Guns shipped to and from us are not to have ammunition.

I feel a lot safer knowing guns shipped will not have ammunition.  Nothing about the PLCAA on this site either. I'm curious though, if the license has to be signed in ink, if you allow it to be faxed, how then will you know it was signed in ink?

The second choice was "Handgunshandguns.com" That Company's business plan is pretty straight forward.

"Handguns for sale

We carry all kinds of handguns made by the best handgun manufactures on the planet. Our handgun lines include Glock Ruger Berreta Heckler Koch Sigarms Firestorm Detonics Smith and Wesson. We carry an extensive line of 9mm caliber handguns and have everything from .22 caliber to .50 caliber handguns."

Well, it seems they not only sell the best handguns on the planet but also this industry has the planet's best tort-reform-deform legislation as well.

The Gun Lobby didn't seem to have discussed the PLCAA.  So let me again ask the question:  Am I the only one who sees something wrong with this picture? Who in Congress voted for the PLCAA? And why are they still in Congress? Is our Congress broke? I wonder how costly it is to own a Congress?

Full post as published by Des Moines Personal Injury Lawyer on May 01, 2008 (boomark / email).