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NY Courtís Decision in Gun-Liability Case Described as Groundbreaking
The Wall Street Journal ^ | 10/12/12 | Sam Favate

Posted on 10/12/2012 12:17:22 PM PDT by AtlasStalled

A decision last week by a New York State appellate court to reinstate a gun liability lawsuit is being held up as a landmark by the Brady Center to Prevent Gun Violence. * * * A lower court had tossed the case, based on the federal Protection of Lawful Commerce in Arms Act, a 2005 law that protects gun manufacturers and sellers. But the appeals court held that the law, which was signed by President George W. Bush, doesn’t provide immunity to gun companies that illegally supply gun traffickers or irresponsible dealers, Reuters noted.

(Excerpt) Read more at blogs.wsj.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Front Page News; Government; News/Current Events; US: New York
KEYWORDS: 2012; banglist; democrats; fandf; fastandfurious; guncontrol; gunwalker; newyork; plcaa; youwillnotdisarmus

1 posted on 10/12/2012 12:17:27 PM PDT by AtlasStalled
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To: AtlasStalled

Other states can play at this sort of thing, too, and start targeting NY state business for litigation.


2 posted on 10/12/2012 12:23:28 PM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: AtlasStalled

Well if ATF gives a dealer a license to sell, and they turn out to be unreputable, isn’t that ATF’s fault?


3 posted on 10/12/2012 12:26:02 PM PDT by MPJackal ("From my cold dead hands.")
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To: AtlasStalled
But the appeals court held that the law, which was signed by President George W. Bush, doesn’t provide immunity to gun companies that illegally supply gun traffickers or irresponsible dealers

In New York, anybody who supplies a firearm to any party other than the government is considered to be "irresponsible". This ruling is in defiance of federal law, so any damages awarded because of it should be ignored by the gun companies.

4 posted on 10/12/2012 12:34:12 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Jewbacca

Manufacturers should do what Barret did and stop selling or maintaining firearms to all LEOs in NYS.


5 posted on 10/12/2012 12:38:24 PM PDT by battlecry
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To: battlecry

I wasn’t clear, Barrett acted against CA, but you get the idea.


6 posted on 10/12/2012 12:39:46 PM PDT by battlecry
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To: AtlasStalled

I’ll go along with it when the same court uses the same law for cars.


7 posted on 10/12/2012 12:40:42 PM PDT by SkyDancer ("I Believe In The Law Until It Interferes With Justice")
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To: SkyDancer

I will go with it when the use the same rules for the police and government.


8 posted on 10/12/2012 12:49:28 PM PDT by Ratman83
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To: battlecry

If remembering this particular case, the company in question is Hi-Point Arms. A start-up/phoenix company that makes some pretty low end firearms. Quality notwithstanding, they should still be protected (and maybe a bit of self-policing to keep the number of back-door builds down). Not everyone can afford an M&P/Glock/1911/SA-XDM/etc., but everyone is covered by the Second Amendment.

Maybe, if some of the law abiding folk were armed, fewer predators would consider is a simple matter to knock down a civilian.

The Hi-Point carbines look pretty interesting....


9 posted on 10/12/2012 12:52:12 PM PDT by petro45acp (The question isn't "are you better off?" it should be "is it really the government's job?")
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To: AtlasStalled
Anyone injured by a NYS licensed motorist who is breaking the law at the time of said injury (DUI, running red light, speeding, etc) should now be able to sue NYS for licensing irresponsible motorists.
10 posted on 10/12/2012 1:15:53 PM PDT by Roccus
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To: AtlasStalled
Sounds to me under this ruling the FEDERAL GOVERNMENT via AFT and FAST and FURIOUS has a big liability.
11 posted on 10/12/2012 1:34:36 PM PDT by 11th Commandment (http://www.thirty-thousand.org/)
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To: AtlasStalled

BTTT!


12 posted on 10/12/2012 5:31:55 PM PDT by neverdem ( Xin loi min oi)
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To: 11th Commandment

GOVERNMENT federal, state or municipal is “the people”. That’s why it is so rare that they give permission to sue them.

Ever heard the saying, “The people have the government they deserve”? The rest of it is, “Step forward, stand up with the truth, or step aside, to let “The people have the government they deserve”.


13 posted on 10/12/2012 7:44:36 PM PDT by B4Ranch (Stand Up and Be Counted ... Or Line Up and Be Numbered ...)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks AtlasStalled.
...to reinstate a gun liability lawsuit is being held up as a landmark by the Brady Center to Prevent Gun Violence.

14 posted on 10/12/2012 9:54:13 PM PDT by SunkenCiv (https://secure.freerepublic.com/donate/)
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To: AtlasStalled
What about the distillers, the brewers, the makers of pharmaceutical narcotics? Where does it end?
15 posted on 10/13/2012 12:02:47 AM PDT by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: AtlasStalled

The confluence of bad laws, bad judges and bad thinking is the effluence of liberalism.


16 posted on 10/13/2012 2:54:03 AM PDT by 1010RD (First, Do No Harm)
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To: AtlasStalled

Nonprofits that make endless runs at subverting the constitution should loose their non profit status, be labeled subversive and receive little or no consideration from government entities, judicial or legislative.


17 posted on 10/13/2012 7:21:47 AM PDT by W. W. SMITH ((Yuri Bezmenov (KGB Defector) - "Kick The Communists Out of Your Govt. & Don't Accept Their Goodies.)
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To: Brad from Tennessee

“What about the distillers, the brewers, the makers of pharmaceutical narcotics? Where does it end?”

It doesn’t.


18 posted on 10/13/2012 7:57:00 AM PDT by headstamp 2 (What would Scooby do?)
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To: 11th Commandment; Travis McGee
Sounds to me under this ruling the FEDERAL GOVERNMENT via AFT and FAST and FURIOUS has a big liability.

Wonderful point. Shout out to Trav on this great 'political judo'.

19 posted on 10/13/2012 8:02:47 AM PDT by Lazamataz (WAAAAAAAAAHHHhhhhh.....)
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To: AtlasStalled

that illegally supply gun traffickers or irresponsible dealers??

Isn’t that what Fast and Furious was?


20 posted on 10/13/2012 8:34:11 AM PDT by TribalPrincess2U (0bama's agenda¬óDivide and conquer. FREEDOM OR FREE STUFF- YOU GET ONE CHOICE, CHOOSE WISELY)
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To: AtlasStalled

This can’t be good.


21 posted on 10/13/2012 4:23:32 PM PDT by Eleutheria5 (End the occupation. Annex today.)
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