Mission statement:

Armed and Safe is a gun rights advocacy blog, with the mission of debunking the "logic" of the enemies of the Constitutionally guaranteed, fundamental human right of the individual to keep and bear arms.

I can be reached at 45superman@gmail.com.You can follow me on Twitter at http://twitter.com/45superman.

Monday, March 09, 2009

Bad news for Bloomberg: Supreme Court says law means what it says

New York City's jihad against guns suffered a set-back today:

New York City on Monday failed before the U.S. Supreme Court to revive a lawsuit it filed against the gun industry.

New York sued several gun manufacturers in 2000, arguing the companies violated a state public nuisance law with their marketing and distribution of the firearms products they sell. Among the companies sued were Beretta USA Corp., Smith & Wesson Holding Corp. (SWHC), Colt's Manufacturing Co. LLC, Sturm, Ruger & Co. (RGR) and Glock GmbH.

A federal law enacted in 2005 sought to shield gun makers from lawsuits like the one New York filed, prompting a federal judge to throw the case out. The 2nd U.S. Circuit Court of Appeals in New York in April 2008 upheld that ruling by a 2-1 vote.

New York, in a court brief, said the 2005 law violates state rights under the U.S. Constitution. "This congressional effort to control how states make law raises important questions about the Tenth Amendment's protections of state sovereignty," New York said.

The gun manufacturers, in a joint legal brief, said the federal appeals court correctly applied the 2005 statute and argued the law does not violate the Constitution. "This case does not qualify for Supreme Court review," the gun makers said.
Definitely good news. This, of course, doesn't affect the remaining cases Bloomberg's little "sting" operation produced, such as the one against Adventure Outdoors.

On the other hand, this makes the prospects of an appeal by the gun manufacturers who have fallen victim to the Indiana Supreme Court's (mis?)judgment in the Gary, Indiana lawsuit look considerably better, I would think.

I should probably acknowledge, though, that I can't quite dismiss the possibility that there might be some merit to NYC's legal counsel's argument that the Protection of Lawful Commerce in Arms Act violates states' rights--I don't have the legal mind to make that determination. I know Dr. Ron Paul didn't vote for PLCA Act, for that very reason. I have to take that seriously.

Still, if the "interstate commerce clause" can be used by the feds as providing the only Constitutional authority justifying their insistence on regulating just about everything they want to, I can't help but take a bit of satisfaction at the thought that maybe the feds are once again exercising authority they don't have, but this time to thwart oppressive measures by state and/or municipal governments.

3 comments:

Armed US Citizen said...

Such great news for sure!

What scares me is that every time the gun-banning commies are defeated they come back harder and faster and more determined. We must meet them with the same furor!

Keep America Safe!

commoncents said...

Nice Post!!

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Anonymous said...

Legal systems elaborate rights and responsibilities in a variety of ways. A basic distinction is generally made between civil law jurisdictions and systems using common law. In some countries, religion informs the law. Scholars investigate the nature of law through many perspectives, including legal history and philosophy, or social sciences such as economics and sociology. The study of law raises important and complex issues concerning equality, fairness, liberty and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread."[5] The central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.
Solicitors in York