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Another municipal lawsuit
New York City just filed one, against out of state FFLs, alleging that they were allowing straw purchases.
If they can prove that, they can probably invoke the exception to the gun mfrs' liability protection. I still see major barriers in terms of (a) duty (b) causation and (c) damages. Not to mention (d), standing. I mean -- if you can prove a dealer on a certain day was willing to make a strawman sale, does that prove he ever did so in the past? How many times? What crimes were caused or not caused?
As far as standing goes -- anyone who's ever tried to represent a cop or fireman suing a private individual for negligence that resulted in on-duty injuries runs afoul of the "fireman's rule" -- they can't sue, because running those rirks are part of their job. A city as a government is, I'd think, in an even weaker position.
UPDATE: most of the stories so far have just been paraphrases of the NYC press release. Here's one with a bit of detail. One interesting question is which judge got the case. If Jack Weinstein -- then the fix is in.
Comments
You can see the video of the Press Conf. at http://www.nyc.gov/html/om/html/2006a/media/pc051506-ATF_presser300k.asx
The guy that sold the gun was breaking the law as far as I can tell. I don't see why all gun sellers don't start their sale buy just asking the question, "Is this gun for you or for someone else?"
What is not address is the fact that it is NY and NY City that is exporting crime to the other states and it is NY and NY City that is supplying the criminals who illegally buy and use the guns. Can someone sue NYC when they let a criminal get out of jail early or plea bargain a crime down to nothing and then the criminal commits another crime.
Posted by: George at May 16, 2006 06:57 AM
What about the crime committed by the person, not an agent of the government with jurisdiction (ie, a civilian), who actually MADE the purchase? And the conspiracy between the two NY goons, and the people in NYC who authorized their little junket?
Lets lock up those clowns, too.
Posted by: Flight-ER-Doc at May 16, 2006 01:45 PM