Posted on 08/16/2007 10:35:18 AM PDT by neverdem
A federal judge on Wednesday kept alive a lawsuit accusing Georgia gun dealers of illegally selling firearms that end up being used in crimes in New York City.
In a 99-page ruling, U.S. District Judge Jack Weinstein in Brooklyn said he found ample evidence the gun dealers "have been responsible for the funneling into New York of large quantities of handguns used by local criminals to terrorize significant portions of the city's population."
The judge rejected motions filed by a number of gun shops, including Adventure Outdoors in Smyrna, that sought to dismiss the lawsuit filed by the city of New York. Adventure Outdoors and other gun stores in Ohio, Virginia and South Carolina argued they couldn't be sued in federal court in New York.
In a statement, New York Mayor Michael Bloomberg applauded the ruling.
"Today's decision affirms that New York's courts do indeed have jurisdiction to hear a lawsuit against out of state gun dealers whose guns most often end up in the hands of criminals," Bloomberg said. "And it shows that cities can hold those who cause harm to innocent people and the police who protect us accountable."
Eric Wallace of Adventure Outdoors referred questions about the ruling to the company's lawyers. They could not be reached for comment.
The city of New York filed its lawsuit in May 2006 against numerous gun dealers, including five in Georgia.
Three of the Georgia gun shops —- Welsh Pawn Shop in Savannah, AAA Gun & Pawn Brokers in Hephzibah and A-1 Jewelry & Pawn in Augusta —- have reached settlement agreements, according to court records.
A special master, assigned by the court, is monitoring their gun sales and business practices. Another Georgia dealer, the Gun Store in Doraville, did not join in the motions to dismiss the case and remains a defendant in the lawsuit.
Two months after the city of New York filed the lawsuit, Adventure Outdoors filed a $400 million libel suit against the city and Bloomberg. That case is pending in federal court in Atlanta.
In his ruling, Weinstein noted that between 1995 and 2005 there were at least eight federal prosecutions for illegal purchases in which Adventure Outdoors was the source of the guns. He also cited five crimes committed in the city between 1996 and 2001 involving guns purchased at Adventure Outdoors. Weinstein set a Jan. 7 trial date.
The judge said New York has a strong interest in the safety of its residents from handgun violence.
"The activities which the defendants are alleged to be involved in are illegal and against the public interest in all states," the judge wrote.
So, are they trying to hold GA gun sellers accountable to GA law or NY law?
I'm just sayin'.
Bloomberg, carrying on Rudy’s anti-gun themes... I hope the libel suit pending in the US Court division in Atlanta is won in spades.
Come on Georgia! Us patriotic Yankees are pulling for you.
A quick look at U.S. District Judge Jack Weinstein’s work.
http://topics.nytimes.com/top/reference/timestopics/people/w/jack_b_weinstein/index.html?offset=60&;
An example of why there should be a mandated age limit on Federal jurists.
Check out:
http://www.nj.com/news/ledger/index.ssf?/base/news-12/1187240279302040.xml&coll=1
The Feds, under Gonzales and his puppeteer Joge El Segundo, are stepping up the war on the Second Amendment.
Those states targeted by cities like New York because gun dealers there sell guns LEGALLY which wind up in the wrong hands, shold initiate lawsuits against jurisdictions like New York whenever a crime is perpetrated by a criminal released from a New York prison or jail after having committed a serious felony or string of felonies for having a lax legal system.
Corzine shows in his comments in the article where the Feds and he are going here. My guess is in most cases, the guns are sold LEGALLY to a purchaser in that state and then that purchaser sells them to a second or even third party or more and then they wind up in snake pits like Jersey or New York.
Corzine - if her really cared - and he doesn’t - would STOP granting parole to violent felons like the 49 year old piece of trash who was recently released by the New Jersey Parole Board (a collection of political hacks earning over $100,000 per year) who had beaten to death an elderly lady AFTER he raped her. He would also do something about the lax bail practises taht permitted a piece of illegal scum to orchestrate the gunning down of four kids in Newark recently. He would ALSO stop the practise of NOT turning over to ICE those illegals arrested for crimes like the killer in the Newark Case who was an illegal invader.
Liberals make me sick. They NEVER blame the criminal - its always something else.
They are pimping prostitutes.
As far as jurisdiction is concerned, it's not GA law or NY law, it's federal jurisdiction since the alleged crime is interstate trafficking.
BTW - the moron Bloomberg is saying New York’s courts, but that’s not what the judge said. The judge is clearly ruling that federal suits can proceed.
This is an ignorant ruling. It shouldn’t be illegal to sell a legal item in your own state.
Anti-gun, Brady whore U.S. District Judge Jack Weinstein will be reversed as he has been reversed before on similar cases. He is a nut with life time tenure.
The issue is whether the dealer sold firearms with the knowledge that the buyer intended to sell the weapons he purchased from the dealer to convicted felons.
Engaging in such a scheme is illegal in GA, NY and in federal law.
This lawsuit is different from the failed entrapment strategy Bloomberg used in VA.
Does this mean we can sue New York for breeding criminals?
There is no reason for a dealer selling legal items to conspire with anyone.
can Gun owners sue New York for conspiracy ?
Amendment XI
The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.
Of course there is.
Convicted felons will pay far above the prevailing market price for new or "clean" firearms (i.e. weapons that have not been used in any previous crimes), perhaps triple list price or higher.
An unscrupulous dealer would have a strong incentive to sell a $300 firearm to a legal buyer who would then sell it for $900 to an illegal buyer, giving the dealer a cut of the spread tax-free.
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