NYC is at it again

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mhdishere

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http://hosted.ap.org/dynamic/stories/N/NY_COUNCIL_GUNS_BAOL-?SITE=NYNYD&SECTION=MIDEAST&TEMPLATE=DEFAULT

New York City Council passes legislation on liability of gun manufacturers, dealers

By SAM DOLNICK
Associated Press Writer

NEW YORK (AP) -- The City Council on Wednesday overwhelmingly passed legislation that would allow crime victims to sue gun manufacturers and dealers who do not follow a set of selling and distribution guidelines.

The sponsors of the gun safety package say that by restricting and punishing members of the gun industry, New York's streets will see significantly less gun violence.

"Starting today, if they don't clean up their act, they're going to face stiff penalties in courts of law and have to pay compensation to the victims," said Councilman David Yassky, the legislation's main sponsor.

Guns used in New York crimes are usually bought in bulk in states with lax gun laws and then resold in the city on the black market, said Yassky, a Brooklyn Democrat. The new legislation, passed 43-2, aims to discourage that practice by holding liable dealers anywhere in the country who sell more than one gun to the same person within 30 days.


The mayor said Wednesday the legislation would "help immeasurably" in keeping the city safe and he would sign it into law.

A similar bill is pending in the state Legislature in Albany.

Firearms dealers and manufacturers can opt not to follow the guidelines, but the legislation would hold them legally responsible if one of their guns resulted in an injury or death in New York.

Other aspects of the package include a gun safety provision, passed 41-4, that increases the fine from $10,000 to $25,000 for anyone using assault weapons.

The City Council also voted 43-2 to raise the minimum age for rifle and shotgun permits from 18 to 21.

A fourth provision, passed 41-4, restricts dealers from selling more than one rifle or shotgun to an individual within 90 days.

The executive director of New Yorkers Against Gun Violence, Andy Pelosi, said more than 85 percent of guns used in city crimes come from out of state and "too many dealers go ahead and make the sale and too many manufacturers encourage this practice."

"It's past time for these companies to take responsibility for their lethal product and work to ensure guns land in responsible hands," Pelosi said.

But the president of the New York State Rifle and Pistol Association, Tom King, called the bills "ludicrous" and said it was wrong to hold the gun industry responsible for criminals' actions.

"Are they going to hold GM liable because one of their cars was used in an illegal fashion?" King said. "It's absolutely misplaced."

King said it was too soon to tell whether lawsuits would be filed fighting the legislation.

Republican Mayor Michael Bloomberg congratulated the City Council after the votes and said the legislation would "help prevent dangerous weapons from being used on our citizens."

Council Speaker Gifford Miller, a Manhattan Democrat, had a warning for violators: "You can't flood our streets with guns and expect to do it without repercussions."

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Slam dunk unconstitutional, from what I can tell. Runs afoul of what they call the "dormant" commerce clause, by attempting to regulate commerce outside their area of jurisdiction.

Of course, it'll cost the gun companies dearly to carry the cases through to the point of establishing that...
 
Guns used in New York crimes are usually bought in bulk in states with lax gun laws and then resold in the city on the black market, said Yassky, a Brooklyn Democrat. The new legislation, passed 43-2, aims to discourage that practice by holding liable dealers anywhere in the country who sell more than one gun to the same person within 30 days


An outright lie, and they know it.

It's galling to see the Leftists repeat this lie, even after more than 20 years of 1 handgun per month purchase restrictions in States like Virginia.

And they intend to bring suit, persumably in NY Courts, against gun dealers in other states who are operating fully within the laws of their states? Bizzare, and comical at the same time.

Other aspects of the package include a gun safety provision, passed 41-4, that increases the fine from $10,000 to $25,000 for anyone using assault weapons.

Making it even "more illegal?" Yep, that'll stop those criminals from using "assault weapons"

The executive director of New Yorkers Against Gun Violence, Andy Pelosi, said more than 85 percent of guns used in city crimes come from out of state and "too many dealers go ahead and make the sale and too many manufacturers encourage this practice."

The 85% figure undoubtedly made up on the spot.
 
Yup ...

This is another case of left-wing showcasing. They can regulate what NYC dealers do, but not interstate commerce. If a dealer in Arizona where I live sells a resident more then one firearm (handgun or whatever) a month in full compliance with Arizona and Federal statutes, NYC won't get anywhere bringing charges against the Arizona dealer or the gun manufacturer if one of those guns is stolen and ends up in the Big (rotten) Apple - unless of course they can prove that the dealer or manufacturer was part of a conspiracy to illegally run guns into another state. In that case the jurisdiction would fall to the ATF&E. The newspapers will play this up big but that will be the extent of it.
 
The current strategy seems to be to blame other "less restrictive" states for the failure of gun control laws in restrictive areas. This is the same as DC blaming Virginia for its failure to control violent crime by banning handguns.

New York City is already so heavily in debt that it can't even afford to hire competant NYPD officers and apparently has to accept applicants with criminal records in order to meet its hiring quota. Yet this is their solution to violent crime. Are they taking a page out of San Francisco's playbook and revising their strategy in an attempt to profit off of lawsuits?

Watch as the city wastes even more of its taxpayers' money fighting the inevitable challenge to this silly law that it has just enacted.
 
This is the same as DC blaming Virginia for its failure to control violent crime by banning handguns.

True, plus Mayor Williams and Chief Ramsey never seem to be able to explain how Northern Virginia, which allows handgun ownership, has about 1/20th of the District's rate of violent crime.
 
Hmmmm, here's a thought:

Suppose a gun dealer refuses to sell guns to the NYPD because they want to buy more than one at a time, and if a cop is involved in a questionable shooting with one of the guns purchased the dealer could be sued by the victim?
 
No one refuses to sell guns to the NYPD because they have such huge contracts. Glock sells them thousands of guns at a time. NYPD can even ask for things like stiffened triggers and extra safeties for its incompetant cops.
 
How can NYC vote to hold parties not in NYC responsible? I could see if the dealer or manufacturer is in NYC, but outside?

That would be like me getting hit by a drunk in a Porsche, and my city court finding the Stuttgart, Germany (I think it is Stuttgart, anyways) maufacturer liable.

At least therer are two reasonable people on the council.

Now, for this raising the age of ownership of rifles and shotguns to 21 :cuss: :fire: :banghead: :mad: :cuss: :fire: :banghead: :mad:

And what happens to the 18 yr olds who own guns there right now? Are they confiscated?
 
Slam dunk unconstitutional, from what I can tell. Runs afoul of what they call the "dormant" commerce clause, by attempting to regulate commerce outside their area of jurisdiction.

right there.

how do they think they are going to mess with other states rights like that.
 
Don't be silly! They don't expect to win, except by the most unlikely accident. They expect to cost gun companies a lot of money in legal fees. That's been the strategy all along, and they haven't even been very secretive about it.
 
TennTucker,
I lived in NYC when their AWB passed. Basically, an AW was whatever the local authority decided it was, I don't recall if it was the DA or someone else. At one point the 1903 Springfield was classed as an AW because it has a bayonet lug. Garands are AWs unless you remove the bayonet lug. This law came in under David Dinkins, the worst excuse for a Mayor in my lifetime (and that's saying something!).

I've said it before, I moved from NYC to NJ and things got better for me, gun-wise.
 
Gunwise speaking, try moving to a state like Arizona and find out what the good life is really like ... :D
 
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