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Junk Cities, Junk Lawsuits: Anti-Gunners Sue Manufacturers

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Rochester, N.Y., in January (as envisioned by Dante)

How about instead we sue these two Upstate New York hellmouths for being frozen, boring wastelands?

Dante’s Inferno makes one thing very clear: The deepest part of Hell isn’t an inferno at all. Hell is cold. The classic poem doesn’t specify where the entrance to Hell may be, but the unlucky residents of Rochester and Buffalo, N.Y. have a pretty good idea. (Third exit off 590, as it happens.) The city leaders know their little bolgias are emptying of the law-abiding citizens who used to keep Barfalo and Crotchfester afloat with their tax dollars. What to do? Well, because anti-gunners never saw a terrible idea they’re not willing to try at least 200 times, city leaders have decided to sue gun manufacturers. Again. Despite the 18-year-old federal law that specifically forbids this. Today, we have the NSSF with all the details … but, sadly, no Beatrice to guide us back out of Hell.

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NSSF®, The Firearm Industry Trade Association, rejects the false premise of the lawsuit brought by the cities of Buffalo and Rochester, N.Y., against several firearm manufacturers, distributors and retailers. The accusations are without any legal merit and are an obvious attempt by city officials to deflect attention and shift responsibility for their failure to enforce the law against criminals by casting blame on a Constitutionally-protected and most highly-regulated industry in the nation today.

“The junk lawsuits by Buffalo and Rochester attempt to deflect attention for illegal activities by criminals by laying blame at the feet of the firearm industry, which is following the law,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “These are no different from the frivolous and unsuccessful lawsuits filed against firearm manufacturers in the late 1990s and early 2000s by crime-ridden big-city mayors across the country. Those lawsuits failed because they were legally and factually baseless. But they did, however, result in Congress passing the Protection of Lawful Commerce in Arms Act in 2005 by a broad bipartisan margin.”

The recently passed New York public nuisance law, upon which Buffalo’s and Rochester’s lawsuits are based, is a transparent and unconstitutional attempt to defy the will of Congress. A lawsuit challenging the Constitutionality of the New York public nuisance law is now before a federal appellate court in Manhattan.

New York’s “public nuisance” law would subject members of the firearm industry to civil lawsuits for the criminal misuse or unlawful possession of firearms in New York that were lawfully sold after a criminal background check, that the industry supports. This was the same failed tactic ushered in by New York’s disgraced former Gov. Andrew Cuomo when he served as Housing and Urban Development Secretary in the Clinton administration and attempted to use these lawsuits to impose on the firearm industry a “death by a thousand cuts.” The public nuisance law was signed by the former governor shortly before he was driven from office.

These lawsuits also ignore that NSSF, The Firearm Industry Trade Association representing firearm manufacturers, distributors and retailers, proactively works hand-in-hand with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to prevent illegal “straw” purchases of firearms and firearm thefts from retailers. That is just one of the multiple firearm safety efforts the firearm industry’s Real Solutions. Safer Communities® campaign, which also includes safe storage of firearms in the home, suicide prevention and improving background checks for lawful firearm purchases.

New York’s law and these lawsuits distort principles of liability clearly established as bedrock principles of Tort Law. The bipartisan 2005 Protection of Lawful Commerce in Arms Act (PLCAA), which has been upheld as Constitutional by U.S. Courts of Appeal, specifically forbids these lawsuits.

10 Comments

10 Comments

  1. Robert Crichton

    January 6, 2023 at 7:12 pm

    Courts should fine Cities/governments an exorbitant amount of money for filing and pursuing unconstitutional lawsuits.

  2. Jstrm

    January 4, 2023 at 9:05 pm

    Again, politicians attack an inanimate object (firearms) blaming crime and violence on gun when these politicians should be addressing the people who commit the violence. New Years Eve three N Y PD Officers injured by man with a knife. A few month back 8 to 10 people killed in Canada during knife attack. Just a few. Do you hear knife violence? No!
    These criminal acts involve violence by people. People Violence! Suits against gun manufacturers are just more attempts to disarm the people. It will also disarm the police and our military if we don’t have manufacturers to provide small arms. 2A is more a means for the people to protect themselves from evil and totalitarian governments. Self defense and hunting were given as a natural right that was expected by all. I doubt the founders thought of putting those two things in writing. They are as natural as breakfast in the morning. The concern of the founders was having to again deal with King George or other totalitarian government. An armed population is not easily controlled by politicians.

  3. Alan

    January 4, 2023 at 4:58 pm

    How about financial/legal penalties against the bringers of these baloney legal actions, suits against the makers of a legal product, firearms.

    • Clark Kent

      January 5, 2023 at 3:19 pm

      Never going to happen. But thanks for playing.

  4. No_Step_on_Snake

    January 4, 2023 at 3:51 pm

    Politicians, since they make their own rules, are never held personally liable for their misuse of public tax money, such as this. Term limits are one solution to the problem, because as long as they have sheep to vote and cheat for them, they’ll stay there forever, making their own rules and shielding themselves from the liability of bad and illegal decisions.

    • Clark Kent

      January 5, 2023 at 3:17 pm

      Term limits are already enshrined in our Constitution. They are called elections and are held on a regular basis. The REAL problem is most citizens can’t be bothered to get off of their collective fat azzes to bother to REGISTER to vote, much less cast a ballot. ‘We have met the enemy and he is us’ – Pogo.

  5. Leland P Ogren

    January 4, 2023 at 1:55 pm

    The manufacturers should counter sue the cities for reasonable court costs/lawyer fees.

  6. Carbine Williams

    January 4, 2023 at 11:23 am

    The SCOTUS will once again have to step in and rule New Yerk an unconstitutional state

    • Clark Kent

      January 5, 2023 at 3:18 pm

      And what effect will that have if New York tells the SCOTUS to piss off?

  7. George

    January 4, 2023 at 11:14 am

    It’s New ‘YUK’, what else would you expect!

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