NYC gun case tossed by 2nd Circuit

AP/Washington Post:

A federal appeals court Wednesday tossed out New York City's lawsuit accusing the gun industry of selling firearms with the knowledge they can be diverted into illegal markets.

The 2nd U.S. Circuit Court of Appeals ruled that a federal law provides the gun industry with broad immunity from lawsuits brought by crime victims and violence-plagued cities. A federal judge had allowed the lawsuit to proceed, though it had not yet reached trial.

New York is one of several cities that had sued gun makers. It said the industry violated public nuisance law by failing to take reasonable steps to stop widespread access to illegal firearms.

The 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.

"I am disappointed in the court's decision," said Mayor Michael Bloomberg. "Regardless of this ruling, we will continue our fight against illegal guns full bore _ in the courtrooms, on the streets and in the Congress."

...

This is basically a back door attempt to drive manufacturers out of business since there is no practical way for them to do what the city was demanding. If the city can't do it with the power of the law how did they expect manufacturers to do it once the product has been sold?

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