In an attempt to get the court to dismiss the City's case against the gun industry, defendants filed papers in January 2004 and had a hearing in March 2004. On April 13, 2004, Judge Jack B. Weinstein of the U.S. District Court for the Eastern District of New York, in a 51 page ruling, found that the law in New York permits the City to bring lawsuits against gun manufacturers and sellers for creating a public nuisance.
New York City sued the gun manufacturers and sellers for creating a public nuisance by marketing and distributing firearms in ways that make the accessibility of handguns prevelant to criminals.
In a news release by The Brady Center, Jonathan Lowy, Senior Attorney at the Center, was quoted as saying, "The gun industry has chosen to use scofflaw dealers and dangerous sales practices to funnel their dangerous products into the hands of criminals, and they refuse to take reasonable steps to help stem the flow and prevent carnage in New York City." He went on to add that, "This ruling recognizes that irresponsible gun manufacturers and sellers may be held accountable for their callous and destructive business practices." The City's complaint seeks no damages but instead requests an injunction requiring the defendants to adopt responsible business practices.
The Brady Center
The Brady Center to Prevent Gun Violence Legal Action Project is co-counsel to the City of New York along with Corporation Counsel of the City of New York.
Since 1989, the Brady Center's Legal Action Project has pioneered innovative legal theories of liability against gun manufacturers and sellers in an effort to reform the industry. The Project provides free legal representation to victims of gun violence as well as to the cities and counties that have filed lawsuits against the gun industry. Through its groundbreaking legal work, the Project's goal is to compel the gun industry to change its irresponsible business practices that contribute to the shameful level of gun violence in this country.
For more information about this lawsuit, other litigation against the gun industry, and efforts to reform the gun industry, visit the Legal Action Project web site.
Source: The Brady Campaign
