Appeals Court Shoots Down New York City Gun Law

Townhall.com ^ | May 20, 2008 | Phyllis Schlafly

[libstripper]

The media have been telling us to watch the gun-control case now before the U.S. Supreme Court, where we await a decision about Americans' Second Amendment rights. But the 2nd U.S. Circuit Court of Appeals just handed down an equally important gun decision that has additional implications against judicial supremacy.

The court, which convenes in New York City, shot down the longtime liberal dream of achieving gun control by suing gun manufacturers for crimes committed by firearms. In a remarkable decision, this federal appellate court dismissed City of New York v. Beretta U.S.A. Corp. and protected gun corporations against frivolous lawsuits in state and federal courts.

The lawsuit was brought by the City of New York in order to seek control over gun suppliers. At stake was not merely money but also whether liberals would obtain from judicial activists the gun control that the liberals could not get from legislatures.

[libstripper]

This is HUGE. The 2d Circuit Ct. of Appeals has just handed Bloomy and all the gun grabbers their heads on a platter.

[libstripper]

Here’s the link to the actual decision:

.findlaw.com/hdocs/docs/gunlawsuits/nycberetta43008opn.pdf

[goldstategop]

Liberals have used the courts to get policy they couldn't get through Congress or the state legislatures. This is one strategery of theirs stopped cold.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[Graybeard58]

for crimes committed by with firearms

[libstripper]

Here’s a better shot at the same link; it should work:

findlaw.com/hdocs/docs/gunlawsuits/nycberetta43008opn.pdf

[wtc911]

I thought you meant the Sullivan Act....that would have been huge.

[Jaxter]

".. suing gun manufacturers for crimes committed by firearms."

That's ridiculous. That would be like suing an aluminum baseball bat maker if a kid got hit by the baseball that was hit by the bat. Oh wait..that already happened.

[paltz]

yup!

http://www.eyeblast.tv/public/video.aspx?RsrcID=2538

[Sender]

This is great news, and good law. Clearly, no matter which side of the gun-grabbing debate you are on, the manufacturers of firearms who sell legally to distributors are not responsible for the acts of criminals who may get hold of a gun. If any court were being honest, this is the only conclusion they could reach.

[arderkrag]

Go appealate court!

Woke up this mornin, got yourself a gun...

[arderkrag]

Stop gun on gun crime!

[libstripper]

I keep trying to get a link to the decision that will work. Here’s a link to another source that requires registration but, in return, gives you access to a great deal of free legal material:

http://www.plol.org/Pages/Login.aspx?d=GN%2bKNzD5AIyZcG%2bwWiBniA%3d%3d&l=Cases

[freekitty]

This could happen if they don’t:

http://transsylvaniaphoenix.blogspot.com/2008/05/british-called-they-want-their-guns.html

[RKV]

Link to 2nd Circuit Court Case
This link actually works with no registration.

[TXnMA]

Hey, Phylllllllis:

"crimes committed by WITH firearms"

There has never been a documented case of a firearm acting on its own to commit a crime!!!

[Dick Bachert]

Today, just as EVERY day, 99.8% of the firearms in America will NOT be used in the commission of a crime or to injure someone.

WHY THEY WANT OUR GUNS!!

http://www.youtube.com/watch?v=j73SsNFgBO4

[Joe Brower]

I think I just saw a pig fly by my window.

[NRA2BFree]

WoW! Excellent news! Bloomy and the other anti gunners can kiss my red, white and blue American.................well, you know. ;o)

[VR-21]

"That would be like suing an aluminum baseball bat maker if a kid got hit by the baseball that was hit by the bat.

Or perhaps suing auto manufacturers because of drunk drivers.

[Niteranger68]

Hey Bloomers, take that and shove it sideways!