Beretta Wins Out...Twice Over...

As Do The Forces Of Good.

Another Evil Plot By The Loony-Left Anti-Firearms "Liberals" Of New York
Goes Down In Flames & Augers In.
--
D. Spencer Hines
Lux et Veritas et Libertas
Vires et Honor
Veni, Vidi, Calcitravi Asinum
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Supreme Court refuses to revive New York City's suit against gun makers over
illegal sales

Associated Press

Last update: March 9, 2009 - 9:39 AM

WASHINGTON - The Supreme Court has turned away pleas by New York City and
gun violence victims to hold the firearms industry responsible for selling
guns that could end up in illegal markets.

The justices' decision Monday ends lawsuits first filed in 2000. Federal
appeals courts in New York and Washington threw out the complaints after
Congress passed a law in 2005 giving the gun industry broad immunity against
such lawsuits.

The city's 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.

But the 2nd U.S. Circuit Court of Appeals ruled that federal law provides
the gun industry with broad immunity from lawsuits brought by crime victims
and violence-plagued cities. The Supreme Court refused to reconsider that
decision.

The lawsuit was first brought in June 2000 while Rudy Giuliani was New York
mayor. It was delayed due to the Sept. 11, 2001 terrorist attacks on the
World Trade Center and because of similar litigation in the state courts.

The city refiled the lawsuit in January 2004, saying manufacturers let
handguns reach illegal markets at gun shows in which non-licensed people can
sell to other private citizens; through private sales in which background
checks are not required; by oversupplying markets where gun regulations are
lax, and by having poor overall security.

The city said a state nuisance law makes it a crime to knowingly or
recklessly create a condition endangering the safety or health of a
considerable number of people. But the appeals court said New York's law
does not qualify as an exception to federal law. It agreed with U.S.
District Judge Jack B. Weinstein that the Protection of Lawful Commerce in
Arms Act, signed by President George W. Bush in 2005, is constitutional.

The cases are City of New York v. Beretta, 08-530, and Lawson v. Beretta,
08-545.