New York: "Closing Arguments Begin in NAACP Gun Case"

[cuchulainn]

from A.P. (via Newsday)

http://www.nynewsday.com/news/local...,2338763.story?coll=nyc-manheadlines-brooklyn

Closing Arguments Begin in NAACP Gun Case

By TOM HAYS
Associated Press Writer

May 6, 2003, 7:47 PM EDT

NEW YORK -- The gun industry has fueled street violence in minority communities by doing business with dealers it knows are corrupt, an NAACP lawyer charged Tuesday in closing arguments at a Brooklyn trial.

Smith & Wesson, Ruger, Glock and other companies "purposely turned their head away from problem," the attorney, Elisa Barnes, told a jury in federal court. "They said, 'It's not our worry."'

Barnes' closing argument, which was to continue Wednesday, came after more than five weeks of testimony in the National Association for the Advancement of Colored People's lawsuit against more than 80 defendants, including the nation's largest gun makers and distributors. The defense was expected to respond later this week.

The NAACP suit alleges that the firearms industry knowingly sells weapons to dealers who supply criminals. Rather than monetary damages, it seeks to force distributors to restrict sales to dealers who have storefront outlets, prohibit sales to gun show dealers and limit individual purchasers to one handgun a month.

The defendants and industry trade groups argue that it's unfair and unlawful to hold manufacturers liable for the criminal use of a legal product. They also say that legislatures _ not courts _ should set standards for sales.

The plaintiffs built much of their case on a four-year sampling of previously sealed data _ provided by the Bureau of Alcohol, Tobacco and Firearms under court order _ detailing sales histories of weapons recovered at crime scenes in New York state from 1996 to 2000.

An expert witness testified that an analysis found that Smith & Wesson Corp. had made more of the recovered weapons than any other manufacturer. Ranked second was Lorcini Engineering, then Bryco Arms and Sturm, Ruger & Co.

The plaintiffs also singled out individual dealers and several states as major sources of thousands of crime guns. First among the source states was Virginia _ also home to the top two dealers _ followed by Florida and Georgia.

Defense experts claimed the analysis was flawed. They said their own studies found that most guns used by criminals come from the secondary, or used, market _ not from highly regulated dealers.
Copyright © 2003, The Associated Press

 

[cuchulainn]

http://www.newsday.com/news/local/w...ay07,0,2650415.story?coll=ny-ap-regional-wire

Gun industry denies charges by NAACP

By TOM HAYS
Associated Press Writer

May 7, 2003, 4:26 PM EDT

NEW YORK -- Accused by the NAACP of arming criminals, the nation's top gun manufacturers defended their sales practices Wednesday at the close of a trial in Brooklyn federal court.

"Nobody wants to have someone selling to criminals," James Dorr, attorney for Sturm, Ruger & Co., told jurors. "This industry certainly doesn't."

Dorr's closing argument came after more than five weeks of testimony in the National Association for the Advancement of Colored People's lawsuit against more than 80 defendants, including Smith & Wesson, Glock and other major gun makers and distributors.

The NAACP suit alleges that the firearms industry knowingly sells weapons to corrupt dealers who supply criminals in minority communities. Rather than monetary damages, it seeks to force distributors to restrict sales to dealers who have storefront outlets, prohibit sales to gun show dealers and limit individual purchasers to one handgun a month.

The defendants and industry trade groups argue that it's unfair and unlawful to hold manufacturers liable for the criminal use of a legal product. They also say that legislatures _ not courts _ should set standards for sales.

The plaintiffs built much of their case on a four-year sampling of previously sealed data _ provided by the Bureau of Alcohol, Tobacco and Firearms under court order _ detailing sales histories of weapons recovered at crime scenes in New York state from 1996 to 2000.

An expert witness testified that an analysis found that Smith & Wesson Corp. had made more of the recovered weapons than any other manufacturer. Ranked second was Lorcini Engineering, then Bryco Arms and Sturm, Ruger & Co.

The defendants "purposely turned their head away from the problem," NAACP attorney Elisa Barnes said during her closing argument. "They said, `It's not our worry."'

Defense experts claimed the analysis was flawed. They said their own studies found that most guns used by criminals come from a secondary market of millions of used or stolen guns.

"Common sense tells you that the vast majority of guns are acquired by criminals in the secondary market, not from retailers," Dorr said.

Jurors were expected to begin deliberating on Thursday. U.S. District Judge Jack Weinstein has decided the jury will play only an "advisory role," leaving him to make the final determination on liability and remedy.

Copyright © 2003, The Associated Press

 

[Shaggy]

The "gun inustry" sells firearms to federally licensed dealers. If the dealers are corrupt, the gov't is liable not Glock Inc.

What more agrument about this is needed?

 

[El Tejon]

When did the Klan start running the NAACP?

 

[TheEgg]

Jurors were expected to begin deliberating on Thursday. U.S. District Judge Jack Weinstein has decided the jury will play only an "advisory role," leaving him to make the final determination on liability and remedy.

Looks to me like the "fix is in". Look for this judge to rule against the gun industry no matter what the jury says. IIRC the plaintiffs hand picked this judge to even get the case to trial.

 

[Graystar]

Let's hope the NY Court of Appeals has the same sense as other courts around the country, and throws out any decision in favor of the NAACP.

 

[Shalako]

If we follow the NAACP's reasoning, shouldn't we demand that car companies stop selling automobiles in regions were excessive drinking occurs? Or stop selling cars were lots of senior citizens live? This is assinine.....

 

[Chipper]

Since the NAACP is ostensibly concerned for the welfare of CP, perhaps the fairest solution would be to pass a law prohibiting sales of alcohol, tobacco and firearms to CP. Think the NAACP would or could call this discrimination? Hmmm......

Chipper