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City's Suit Against Gun Makers Gets Thumbs Up from Judge

by Beth Fertig



NEW YORK, NY December 02, 2005 —A federal judge has ruled that New York City's lawsuit against gun manufacturers can go ahead, even though Congress passed a law protecting the firearms industry.

Judge Jack Weinstein said the new law shielding gun companies from lawsuits is constitutional. But he said it does not apply to New York's case. The law was signed by President Bush in October and it prevents lawsuits against gun makers or sellers.

It grants an exception, though, for suits claiming the companies knowingly violated a law. As a result, Judge Weinstein said New York City's case could proceed because it claims gun suppliers violated public nuisance law by reckless marketing.

Mayor Bloomberg said he was gratified by the ruling, adding that this week's killing of Police Officer Dillon Stewart is deadly evidence for the scourge of guns. The judge has stayed all further action in the suit so the manufacturers can appeal his decision.



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