Posted on 12/02/2005 12:00:58 PM PST by neverdem
ASSOCIATED PRESS
NEW YORK (AP) -- A federal law designed to give the gun industry broad immunity from lawsuits filed by crime victims and violence-plagued cities does not apply to a pending suit by the city of New York, a federal judge ruled Friday.
If upheld, the ruling would raise questions about the effectiveness of the federal legislation, which was championed by the National Rifle Association and signed into law by President Bush in October.
U.S. Judge Jack B. Weinstein said in a 97-page opinion that the legislation contained an exception wide enough to allow New York's claim to go forward.
In a victory for gun makers, however, Weinstein also rejected the city's argument that the law was unconstitutional.
''As construed, the act adequately balances congressional concern over the viability of the handgun industry and the concern of the states and municipalities for the safety of their populations against handgun violence spawned by careless merchandising,'' Weinstein wrote.
Acknowledging that his decision would be controversial, the judge immediately stayed all action in the trial in order to allow gun manufacturers to appeal.
NRA spokesman Andrew Arulanandam said he was confident the bulk of the opinion would be overturned.
''We believe it is now the law of the land that law-abiding manufacturers and retailers will not be held responsible for the independent actions of criminals,'' Arulanandam said. He added that the NRA had expected to encounter ''judicial activism'' in the law's early days.
New York is one of several cities suing major U.S. suppliers of handguns, arguing that gun manufacturers violated public nuisance law by fostering a situation that allowed widespread access to illegal firearms.
The suit seeks no money damages, but wants gun makers to more closely police dealers who frequently sell guns...
(Excerpt) Read more at nytimes.com ...
A friend of the gun grabbers.
gotta love 'em.
''As construed, the act adequately balances congressional concern over the viability of the handgun industry and the concern of the states and municipalities for the safety of their populations against handgun violence spawned by careless merchandising,''
"Handgun violence" by criminals isn't caused by merchandising. It's caused by criminals.
Let me guess...Clinton appointment.
Maybe we should be rid of legislators writing law and let judges decide what the law is. And to complete the anarchy, individual citizens can decide whether they want to follow or ignore judges law.
WHEN will a higher court dope-slap Sparky Weinstein?
This is the same nutty Judge that invented the theory that gun makers could be sued for properly made legal products misused by criminals.
He is a flake. His decision wil be overturned when the adults get it.
"Jack B. Weinstein (pronounced WINE-STEEN) (born 1921, Kansas) is a federal judge in the Eastern District of New York [1]. (The Eastern District covers Brooklyn and Long Island). Judge Weinstein was appointed in 1967 by Lyndon Johnson. "
Try LBJ. He's one of the original loony lefties of the modern dem party, i.e. when the dems started thir fall from grace. The crazy crap this fool has caused is almost limitless.
Can someone explain how a Federal law can regulate the civil laws of the states? They normally threaten to take away Federal funding if the states don't comply, but I don't see how that could be the case here.
U.S. Judge Jack B. Weinstein is one of the most notable experts in the area of Rules of Evidence in the country. His treatise is pretty much the Bible on the rules of evidence and is cited quite often in court decisions.
Sure, you play the populist game, just like the left does. Don't worry about the Constitution. Nobody else does. Anyway, the Constitution is not supposed to be a suicide pact, and the Lawful Commerce in Arms Act is justified to protect domestic arms manufacturers.
The oft Used & Abused Commerce Clause. Just about anything that might possibly affect interstate commerce can be subject to Federal laws as our sorry case law currently stands.
He is an activist anti-gun judge. Read this article.
http://www.reason.com/sullum/032103.shtml
Another bird brain judge. Judge Jack B. Weinstein should be thrown off the bench and open a new dog catcher job he could fill. On second thought, it wouldn't be fair to the dogs.
These judges need to be removed.
by whatever means is necessary to do so.
I recall one of his cases a few years ago where the jury found for the gun makers and he overruled his own jury!
Fixed it for you. You're welcome :-)
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