http://www.wpri.com/Global/story.asp?S=4194649&nav=F2DO
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Judge Jack Weinstein says the new law does not apply to New York's case.
The new law bars lawsuits against gun makers or sellers, except for those lawsuits that allege they knowingly violated a law.
The city's case claims that gun suppliers violated public nuisance law by negligently and recklessly marketing its weapons. The judge says it fits the exception.
Gun manufacturers likely will appeal.
New York's suing several handgun suppliers, claiming they've created a public nuisance by fostering a situation that allowed widespread access to illegal firearms.
Federal Judge Finds New Law No Bar to New York City's Lawsuit Against the Gun Industry
12/2/2005 1:56:00 PM
To: National Desk, Legal Reporter
Contact: Peter Hamm of Brady Center to Prevent Gun Violence, 202-898-0792
BROOKLYN, N.Y., Dec. 2 /U.S. Newswire/ -- Federal District Court Judge Jack Weinstein today ruled that New York City's landmark lawsuit against the gun industry can proceed, despite a new gun-lobby supported federal law that sought to limit the legal liability of gun manufacturers and sellers. Lawyers from the Brady Center's Legal Action Project are co-counsel for New York City in the case.
After hearing arguments from attorneys representing the City, the gun industry and the U.S. Department of Justice, Judge Weinstein ruled that the City's case fits within an exception in the new statute for cases involving knowing violations of state or federal law. New York City has charged gun manufacturers and sellers with engaging in conduct that violates New York State's statute against creating a public nuisance.
"This is a great victory for the citizens of New York City," said Dennis Henigan, director of the Brady Center's Legal Action Project. "The gun industry has long sought to avoid accountability for supplying the highly-profitable underground market. Instead, it will now face the harsh light of justice."
The new legal shield law was signed into law by President Bush on October 26, 2005. On that same day, a motion to dismiss the pending New York City lawsuit was filed on behalf of the thirteen manufacturers and twenty-seven distributors who are defendants in the suit.
The suit originally was filed in June 2000, during the Administration of former Mayor Rudolph Giuliani, and has been actively prosecuted by the Bloomberg Administration. The suit charges the defendants with contributing to a public nuisance by selling guns through a relatively small number of retail dealers who the defendants know or should know are supplying gun traffickers.
Federal data shows that about one percent of the nation's gun dealers supply 57 percent of the guns traced to crime. The suit seeks no money damages, but only a court order requiring the gun industry to take action against the dealers who are aiding gun trafficking.
http://www.usnewswire.com/