Posted on 12/02/2005 2:58:15 PM PST by epow
Judge Denies Firearms Industry Motion to Dismiss New York City Case
Decision Will Be Appealed Immediately
A federal judge in New York City today ruled that the city may ignore federal law and proceed with its frivolous lawsuit against firearms companies.
Industry defendants had filed a motion to dismiss the suit after Congress passed the Protection of Lawful Commerce in Arms Act in October. While the new law was intended to protect firearms industry companies from lawsuits like New Yorks, Eastern District Judge Jack B. Weinstein opted to deny the motion and side with the city.
Firearms industry defendants plan to appeal the decision immediately.
Judge Weinsteins decision was not only predictable, but intellectually dishonest and blatantly biased, given his decade-long track record of aiming to derail the firearms industry, said Lawrence G. Keane, senior vice president and general counsel for the National Shooting Sports Foundation (NSSF), the trade organization for the firearms industry.
New York Citys lawsuit is precisely the type of suit the Protection of Lawful Commerce in Arms Act was designed to prevent. During debate in each chamber of Congress, Sen. Larry Craig and Rep. Cliff Sternsthe sponsors of the billboth referenced the citys case as a quintessential example of a lawsuit the act would prevent, Keane said.
The Protection of Lawful Commerce in Arms Act, signed into law in October, was created to prevent lawsuits attempting to hold firearms industry companies liable for the actions of criminals who misuse the industrys lawful products. The law prevents wrongful civil liability lawsuits against law-abiding companies.
The National Shooting Sports Foundation is the trade association for the firearms industry, representing manufacturers, distributors and retailers among its 2,800 members. For more information, visit www.nssf.org.
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This is judicial activism at it's absolutely most arrogant and intolerable. Alito MUST be confirmed ASAP so that this kind of judicial arrogance can be slapped down once and for all.
BTW, this came to me by email, the link is to the NSSF website. The website is still showing the case at a earlier point before the judge allowed the lawsuit to proceed in spite of the preemption law.
And Weinstein must be removed from the bench.
Judges are obligated to rule based on the constitution first and the law second. Their personal opinions don't enter into the equatin anywhere. Such a blatant disregard for the law demonstrates Weinstein's incapacity to perform his duties. He should be removed from the bench.
Now if we could only find an elected Republican out there with the balls to actually make a motion for Weinstein's removal.
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