Tuesday, March 10, 2009
Supreme Court Turns Down New York City Case Against Gun Industry
Law.com reports today that the Supreme Court has turned away pleas by New York City and gun violence victims to hold the firearms industry responsible for selling guns that could end up in illegal markets. Federal appeals courts in New York and Washington stayed the claims after Congress passed a law in 2005 giving the gun industry broad immunity against such lawsuits. The city had argued that a state nuisance law makes it a crime to knowingly or recklessly create a condition endangering the safety or health of a considerable number of people. But the appeals court said New York's law does not qualify as an exception to federal law. It agreed with U.S. District Judge Jack B. Weinstein that the Protection of Lawful Commerce in Arms Act, signed by President George W. Bush in 2005, is constitutional. The cases are City of New York v. Beretta and Lawson v. Beretta. For a comment on this case, go here.