Wednesday, April 30, 2008

Bloomberg given the BOOT

Excellent news - anti-gun New York Mayor Michael Bloomberg's illegal frivolous lawsuit against the firearms industry has been tossed out of court:

The 2-1 opinion, written by U.S. Appeals Court Judge Robert J. Miner, affirms the constitutionality of the 2005 Lawful Commerce in Arms Act. It overturns a lower court ruling by activist federal judge Jack B. Weinstein, explaining that he should have dismissed the case instead of allowing it to go forward.

“Today’s ruling is clearly a defeat for Michael Bloomberg,” said SAF founder Alan M. Gottlieb. “The law trumps a billionaire’s arrogance and a federal judge’s long standing anti-gun activism. It is time for Bloomberg to grow up, and for Weinstein to step down.
More here.

Update 1: David Hardy provided the link to the full opinion in pdf format:
For the foregoing reasons, the judgment of the District Court denying the Firearms Suppliers’ motion to dismiss based on the claim restricting provisions of the PLCAA is REVERSED. The judgment of the District Court with respect to the constitutionality of the PLCAA is AFFIRMED. The case is remanded to the District Court with instructions to enter judgment dismissing the case as barred by the PLCAA.

Update 2: NRA Press Release and NSSF Press Release
"We think Congress clearly intended to protect from vicarious liability members of the firearms industry who engage in the 'lawful design, manufacture, marketing, distribution, importation, or sale' of firearms," noted Judge Robert J. Miner, writing for the Second Circuit Court of Appeals.

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