by Jim Kouri - Last week, a New York City-based federal appeals court ordered the dismissal of a lawsuit filed against firearms manufacturers by Republican-turned Democrat Mayor Mike Bloomberg. Bloomberg's Administration sought to have gun manufacturers held responsible for the criminal misuse of their firearms products
While the nation is all wrapped up in the drama of an intense presidential race, gun-control activists are seeking to gain momentum in their quest to ultimately disarm law-abiding citizens.
Judge Robert J. Miner, writing for the U.S. Court of Appeals, held the Protection of Lawful Commerce in Arms Act, enacted in 2005, is constitutional and that Brooklyn, NY, federal court judge Jack B. Weinstein misinterpreted the law by not dismissing the case.
"We think Congress clearly intended to protect from vicarious liability members of the firearms industry who engage in the 'lawful design, manufacture, marketing, distribution, importation, or sale' of firearms," said Judge Miner.
In dismissing the city's claim that its suit fit within an exception to the act -- a claim that would allow its case to go forward -- the court wrote that the statute was "intended to shield the firearms industry from the vicarious liability for harm caused by firearms that were lawfully distributed into primary markets."
Following the ruling by the court, Lawrence G. Keane, senior vice president and general counsel for the National Shooting Sports Foundation (NSSF) - the firearms industry's trade association - said, "Today's ruling is very gratifying to members of the firearms industry. In passing the Protection of Lawful Commerce in Arms Act, Congress understood that frivolous lawsuits like New York City's defied common sense and represented a clear abuse of the judicial system that threatened to bankrupt a responsible and law-abiding industry."
The city's lawsuit against the nation's firearms manufacturers was originally filed by Mayor Rudolph Giuliani in June 2000 and was continued by Mayor Michael Bloomberg. Mayor Bloomberg is also suing out-of-state firearms retailers. That case will go to trial later this month before Judge Weinstein.
Today's ruling is seen by many as another major setback for gun-control groups, principally the Brady Center to Prevent Gun Violence, which pursued and funded many of the municipal lawsuits, including this New York City case, against the firearms industry.
Jim Kouri, CPP is currently fifth vice-president of the National Association of Chiefs of Police and he's a staff writer for the New Media Alliance (thenma.org). In addition, he's the new editor for the House Conservatives Fund's weblog. Kouri also serves as political advisor for Emmy and Golden Globe winning actor Michael Moriarty.
He's former chief at a New York City housing project in Washington Heights nicknamed "Crack City" by reporters covering the drug war in the 1980s. In addition, he served as director of public safety at a New Jersey university and director of security for several major organizations. He's also served on the National Drug Task Force and trained police and security officers throughout the country. Kouri writes for many police and security magazines including Chief of Police, Police Times, The Narc Officer and others. He's a news writer for TheConservativeVoice.Com and PHXnews.com. He's also a columnist for AmericanDaily.Com, MensNewsDaily.Com, MichNews.Com, and he's syndicated by AXcessNews.Com. He's appeared as on-air commentator for over 100 TV and radio news and talk shows including Oprah, McLaughlin Report, CNN Headline News, MTV, Fox News, etc. His book Assume The Position is available at Amazon.Com. Kouri's own website is located at http://jimkouri.us
