NYC - give me a break

[Kennedy 0]

You've got to be kidding me...

from Council Member Yassky's website

Quote

CMs Yassky, Moskowitz, Vann Unveil Bill to Make Gun Manufacturers, Dealers Pay for Deadly Selling Practices
May 6, 2004

Council Members David Yassky (D-Brooklyn), Eva Moskowitz (D-Manhattan) and Albert Vann (D-Brooklyn) unveiled bold legislation today aimed at stopping the flow of illegal guns into New York. Their “Gun Industry Responsibility Act” (GIRA) would make firearms manufacturers and dealers liable for reckless selling practices that put guns in the hands of criminals.

Under the GIRA, any victim of gun violence in New York State who is injured or killed by an illegal gun could sue the gun's manufacturer or dealer. Both manufacturers and dealers could exempt themselves from liability, however, by meeting a code of responsible conduct designed to prevent illegal gun trafficking.

“We are under attack by the gun industry,” Yassky, author of the Brady Bill and Assault Weapons Ban, said. “The manufacturers know who the dirty dealers are, but they refuse to do anything to stop them. That is why we have to use the courts to stop the violence ourselves.”

I guess the fact that every single step in the firearms industry is federally regulated doesn't matter to him. Or the fact that every dealer is federally licensed by the BATFE. Or the fact that every sale made by a FFL dealer is checked by the FBI.

And I suppose ignoring 200+ of jurisprudence doesn't bother him either. A criminal action breaks the chain of responsibility, plain and simple. You are not responsible if your car is stolen and then used in a bank robbery, right? I suppose that every lawsuit blaming manufacturers for violence has been thrown out or dropped doesn't bother him.

And I suppose they think the House of Representatives, the President, more than thirty other state governments, and the majority of US senators are all just wrong? After all, they all passed legislation specifically barring people from suing an industry for operating within the law (with the exception of the US Senate, where the bill went down to poison pill amendments).

So what they're saying is 'even though most of the country disagrees with us, and we failed to win at the state level, and we failed in our lawsuits because the law disagrees with us, we'll just rewrite this part of the law so we can sue you and win.'

Boy, the ego some liberals have.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[lawrocket 3]

I didn't see the "Code of Responsible Conduct" in there. I'd be interested to see what it says.

Edit: Here is some of the "Code of Responsible Conduct"

Quote

Gun Industry Responsibility Act
Bill Number: Intro 365

The Gun Industry Responsibility Act (GIRA) creates a “Code of Responsible Conduct” for gun dealers and manufactures. If a dealer or manufacturer fails to comply with the code, they can be held financially liable to a victim of gun violence or their family. GIRA is an incentive for gun manufactures to use their selling power to make our neighborhoods safer.


The code of conduct also prohibits manufacturers to sell to gun dealers with a history of selling crime-guns or to stores that sell more than one gun a month to a single buyer.


More than 80% of guns used in crimes located in New York City come from out-of-state. These states have weak gun laws or are not properly enforced. Corrupt dealers are responsible for the largest total number of illegally diverted firearms. Just 1% of federally licensed dealers are responsible for nearly two-thirds of crime guns.


A retail firearms dealer would be liable to a victim of gun violence or their family if they do any of the following:

- The dealer fails to follow any of the following responsible sales practices:

· Sells only from a storefront location, and not from a home, an automobile, or gun show

· Sells only one gun per individual within a 30-day period

· Maintains records of all sales, including the make, model, caliber or gauge, and serial number of each firearm sold and the name, address and drivers’ license number of the purchaser

- A gun sold by a dealer who does not follow the code of conduct is used by someone illegally to shoot another person.

A firearms manufacturer would be liable for damages if they do any of the following:

- A firearm was sold by a dealer who the manufacturer knew, prior to the sale, had sold 5 or more crime guns during the previous 12-month period

- A firearm manufactured by a company that does not follow the code of conduct is used by someone illegally to shoot another person.

So, it looks like they set up a set of affirmative defenses. Basically, the gun manufacturers and dealers have to prove those things before they will not be found liable.

Pass the Tylenol..

My wife is hotter than your wife.

[Kennedy 0]

Quote

I didn't see the "Code of Responsible Conduct" in there. I'd be interested to see what it says.

From them? It would be very simple. Could be summed up in three words:

Stop Making Guns

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[PhillyKev 0]

Quote

I didn't see the "Code of Responsible Conduct" in there. I'd be interested to see what it says.

My guess would be owner recognition technology, mandatory locks, etc.

[lawrocket 3]

Nope. See above, kev. I found the Code.

My wife is hotter than your wife.

[Kennedy 0]

So I guess they want to drive an entire industry out of their state. I wonder how they plan on arming their law enforcement after they convince manufacturers and distributors that it's not worth it to do business in NY anymore.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[PhillyKev 0]

Quote

Nope. See above, kev. I found the Code.

Christ...that's even worse. If those restrictions were part of the firearm laws, then I can see how they could be held civilly responsible for violating them. But they're circumventing the higher burden of proof of criminal court to allow civil proceedings to set restriction on gun sales. It's sleazy.

[Jib 0]

Quote

... bold legislation today aimed at stopping the flow of illegal guns into New York....

Quote

More than 80% of guns used in crimes located in New York City come from out-of-state. These states have weak gun laws or are not properly enforced.

I see. New York is trying to permit lawsuits based on legal transactions which happened outside of New York? Sorry, but New York can't inflict its will on citizens of other states, let alone regulate commerce there.

--------------------------------------------------
the depth of his depravity sickens me.
-- Jerry Falwell, People v. Larry Flynt

[peacefuljeffrey 0]

Quote

You've got to be kidding me...

from Council Member Yassky's website

Quote

CMs Yassky, Moskowitz, Vann Unveil Bill to Make Gun Manufacturers, Dealers Pay for Deadly Selling Practices
May 6, 2004

Council Members David Yassky (D-Brooklyn), Eva Moskowitz (D-Manhattan) and Albert Vann (D-Brooklyn) unveiled bold legislation today aimed at stopping the flow of illegal guns into New York. Their “Gun Industry Responsibility Act” (GIRA) would make firearms manufacturers and dealers liable for reckless selling practices that put guns in the hands of criminals.

Under the GIRA, any victim of gun violence in New York State who is injured or killed by an illegal gun could sue the gun's manufacturer or dealer. Both manufacturers and dealers could exempt themselves from liability, however, by meeting a code of responsible conduct designed to prevent illegal gun trafficking.

“We are under attack by the gun industry,” Yassky, author of the Brady Bill and Assault Weapons Ban, said. “The manufacturers know who the dirty dealers are, but they refuse to do anything to stop them. That is why we have to use the courts to stop the violence ourselves.”

I suppose it also doesn't matter to these morons that if the manufacturers "know who the dirty dealers are" and "refuse to do anything to stop them," law enforcement officials must also know, and THEY are the ones whose job it is to stop illegal gun sales, not the manufacturers.

Why aren't they threatening to sue the police for failing to stop the illegal dealers?

When did enforcing the law become the job of any manufacturer?


-

-Jeffrey
"With tha thoughts of a militant mind... Hard line, hard line after hard line!"

• Quote

[lawrocket 3]

Quote

I suppose it also doesn't matter to these morons that if the manufacturers "know who the dirty dealers are" and "refuse to do anything to stop them," law enforcement officials must also know, and THEY are the ones whose job it is to stop illegal gun sales, not the manufacturers.

Why aren't they threatening to sue the police for failing to stop the illegal dealers?

When did enforcing the law become the job of any manufacturer?

Bless you, Jeffrey. Brilliance!

My wife is hotter than your wife.

[peacefuljeffrey 0]

This "code of conduct" fails (probably deliberately) to specify the following:

Does the gun used in the crime have to have been sold outside the code of conduct in order for the dealer to be liable, or is that irrelevant to the particular lawsuit as long as any gun he has sold failed to meet the code of conduct?

Let's say gun A is sold per the contract;
Gun B is sold to a dealer with 7 "crime guns" traced to his shop.
Gun A is used in a crime -- but it does not indemnify the seller because he met the terms when he sold it.
But because he did not meet the terms for gun B, he can be sued for the crime committed with gun A.

I'm sure they're happy to leave that part vague, the scumbags.

-

-Jeffrey
"With tha thoughts of a militant mind... Hard line, hard line after hard line!"