Appeals Court Tosses Out NYC Lawsuit Against Gun Industry

[Purveyor]

Source: Associated Press

NEW YORK (AP) — A federal appeals court Wednesday tossed out New York City's lawsuit accusing the gun industry of selling firearms with the knowledge they can be diverted into illegal markets.

The 2nd U.S. Circuit Court of Appeals ruled that a federal law provides the gun industry with broad immunity from lawsuits brought by crime victims and violence-plagued cities. A federal judge had allowed the lawsuit to proceed, though it had not yet reached trial.

New York is one of several cities that had sued gun makers. It said the industry violated public nuisance law by failing to take reasonable steps to stop widespread access to illegal firearms.

The lawsuit asked for no monetary damages. It had sought a court order for gun makers to more closely monitor those dealers who frequently sell guns later used to commit crimes.

"I am disappointed in the court's decision," said Mayor Michael Bloomberg. "Regardless of this ruling, we will continue our fight against illegal guns full bore — in the courtrooms, on the streets and in the Congress."

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Lawrence G. Keane, a lawyer for the National Shooting Sports Foundation, a firearms industry trade association, called the ruling "very gratifying to members of the firearms industry."

He said Congress "understood that frivolous lawsuits like New York City's defied common sense and represented a clear abuse of the judicial system that threatened to bankrupt a responsible and law-abiding industry."



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