Posted on 06/04/2008 11:58:27 AM PDT by neverdem
BELLEVUE, Wash. — Georgia gun dealer Jay Wallace's decision Monday to default on a lawsuit by New York Mayor Michael Bloomberg, and carry his case to an appeals court, was the right move because of genuine concerns he could not get a fair trial before federal judge Jack B. Weinstein, the Second Amendment Foundation said today.
SAF has been the largest single contributor to Wallace's defense against the rogue lawsuit filed by Bloomberg, following the anti-gun mayor's infamous vigilante sting operation in 2006. SAF founder Alan Gottlieb concurred with Wallace's attorney, John Renzulli, that "There was no chance for a fair trial here."
"There must be an appearance of fairness from the bench in any trial," Gottlieb observed, "and that is unfortunately lacking in Jack Weinstein's courtroom when there is a gun case being heard. He defied a 2005 federal statute barring junk lawsuits against gun makers and allowed such a lawsuit to move forward, only to have it tossed out last month by the 2nd US Court of Appeals in Manhattan."
"Even when Judge Weinstein ruled against the NAACP in its first lawsuit against gun makers," Gottlieb recalled, "he made it clear that he believes there is a 'nuisance created by (the gun industry) through the illegal availability of guns in New York.' With a bias like that, Judge Weinstein should recuse himself from hearing cases related to the firearms industry, and hopefully, the appeals court will rule that Weinstein does not have jurisdiction over the city's case against Wallace."
Wallace's default was pandered by Mayor Bloomberg as a victory for the city, but Gottlieb suggested that Bloomberg should hold his tongue.
"Mr. Wallace and his attorney didn't throw in the towel," Gottlieb stated, "they merely avoided being kangaroo-kicked in Judge Weinstein's court. There is no indication this case is over, and based on New York's track record in court against the gun industry, whatever feeling of victory Mayor Bloomberg and his cronies now enjoy is almost certain to be very short-lived."
The Second Amendment Foundation (www.saf.org) is the nation's oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 600,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
SAF Alan Gottlieb, 425-454-7012
We must all remember. There are still more than one way to skin a cat.
After the “Heller” decision is announced it won’t be guns they’ll go after, it going to be the ammo and reloading equipment and supplies. Can’t get the guns? Get the ammo! Same fight, different target.
Bloomie and other radical libs will do anything to seize our legal guns.
I’ll bet dollars to donuts that ole’ Bloomie has a nice gun collection. Even if he doesn’t, I’ll bet his personal security has some nice handguns they carry. It’s never about the guns, its about the control.
Well, the medium used to promulgate free speech cannot reasonably be outlawed, a strong case could be made for all of our enumerated rights in the same vein-keep and bear arms include the means to use them.
Arms includes by simply logic (yes, I know, they are liberals and have no upper thought processes left after the diope and drugs)ammuntion, cleaning and maintenance supplies, etc.
We’ll see!
God Bles & Molon Labe
No, I believe that the Heller case will be broad enough that ammo and reloading supplies are also protected by the 2A.
Exactly. That the lawyers advised him to default and save his money for the next battle where the judge isn’t a liberal, anti-gun bigot tells me he has some smart and HONEST lawyers.
I hope that you are correct. However there are bills pending in at least three states that will outlaw any ammo that does not employ micro stamping technology by 2012. (goodby home reloading) As you know this is a technology that is highly questionable at best and unproven in all cases. Facts, however, don’t matter. Anything to circumvent to 2nd ammendment and make private ownership of firearms restrictive and most inconvient.
Imagine how to PERMANENTLY “microstamp” a code into soft lead. It wouldn’t make it out of the barrel before it was made unreadable.
The microstamped ID number is engraved on the firing pin and imprinted in the primer when the cartidge is fired. Under normal use conditions the longest they’ve managed to get the technology to work is a couple of hundred rounds, about one days shooting for a lot of us.
Bump for Post #2 and will add the “We will fight them on the sea...” speech as my encouragement for the day.
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