Appeals Court Tosses N.Y. Gun Suit
Updated: A federal appeals court has rejected New York City’s nuisance lawsuit against the gun industry.
The city had contended the defendants allowed the weapons to be sold in underground markets where they could be funneled to New York criminals, the New York Times’ City Room blog reports.
U.S. District Judge Jack Weinstein of Brooklyn had allowed the lawsuit. But the New York City-based 2nd U.S. Circuit Court of Appeals said a federal law gave the gun industry immunity.
The Protection of Lawful Commerce in Arms Act bars third-party suits against the gun industry unless plaintiffs can prove a violation of state or federal law. The 2nd Circuit said the state nuisance law was not a permissible exception to the immunity law since it was not intended to regulate the firearms industry, according to the blog Wait a Second!
A subsequent ABAJournal.com post provides additional information about this 2nd Circuit decision and related litigation.
Updated at 4:20 p.m., central time, to include link to more recent post.
