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Ga. legislators blocked laws allowing similar cases
The Atlanta Journal-Constitution
Published on: 04/30/08
A federal appeals court on Wednesday dismissed a lawsuit New York City brought against 37 gun manufacturers, including Glock Inc., which has a manufacturing facility in Smyrna.
Like New York, Atlanta and more than 30 other cities tried to sue gun manufacturers in an effort to curb violence committed with guns that were sold and bought illegally. In 1999 the Georgia General Assembly, like legislatures in other states, passed laws nixing such cases.
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Congress did the same in 2005 with the Protection of Lawful Commerce in Arms Act, which retroactively prohibited such lawsuits against gun makers unless it can be shown the manufacturers knew their weapons would be sold or used illegally. Wednesday's decision found the federal law to be constitutional.
New York Mayor Michael Bloomberg's administration argued in the 2000 lawsuit that the gun manufacturers failed to monitor their retail dealers closely enough so guns to ended up in the hands of criminals. Bloomberg said that violated New York state's public nuisance law because it threatened "public health or safety."
Only the lawsuit against the manufacturers filed by Gary, Ind., and part of Washington's lawsuit remain alive.
Dennis Henigan, the attorney representing the Brady Campaign to Prevent Gun Violence, said the federal law on which Wednesday's decision was based "unfairly" gives the gun industry protections not given to any other business.
"The gun manufacturers and distributors have long known the illegal marketing of guns in cities like New York and Atlanta is largely fed by a relatively small number of corrupt and reckless gun dealers," Henigan said. "The manufacturer and dealers have long known they could take action to curb sales to those offending retailers."
But they don't, Henigan said, because the illegal market is profitable.
John Renzulli, the attorney for Glock and other gun makers, said the federal law the court upheld was designed to stop "frivolous" lawsuits like New York's.
"It's a big win for us," Renzulli said.
Jason Post, spokesman for Bloomberg, said the city was still considering its options; whether the decision will be accepted, whether the appeals court will be asked to reconsider the decision or whether the matter will be challenged to the U.S. Supreme Court.
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