What Can Be Done About Worsening Gun Violence?
Amid increasing concern nationwide over an apparent epidemic of gun violence, a federal appeals court decision today dismissing a New York City nuisance case against firearms manufacturers is likely to be seen as a persuasive opinion that may help limit legal redress options for metropolitan areas nationwide.
Leaving aside spree killings at schools by current and former students, such as the record-breaking massacre at Virginia Tech last year and the Valentine’s Day shootings at Northern Illinois University this year, day-to-day gun violence makes ordinary activities a frightening and risky experience for many. New York City had sought to address that issue, by seeking, in its suit, not monetary damages but increased oversight by gun manufacturers, according to the Associated Press.
“New York is one of several cities that had sued gun makers,” the news agency recounts. “It said the industry violated public nuisance law by failing to take reasonable steps to stop widespread access to illegal firearms.”
A divided appellate panel found, however, by a 2-1 vote that the city’s lawsuit, filed in 2000, could not proceed under a 2005 federal law that protects gun makers from being held vicariously liable for such criminal activity, explains Reuters. That federal law is the Protection of Lawful Commerce in Arms Act.
New York’s mayor, Michael Bloomberg, expressed disappointment about the decision by the 2nd Circuit U.S. Court of Appeals and vowed to keep fighting “in the courtrooms, on the streets and in the Congress” to restrict criminals’ access to guns.
One option for doing so is another 2nd Circuit suit by the city that is scheduled to go to trial next month, reports the N.Y. Sun. In this nuisance complaint (PDF provided by Mayors Against Illegal Guns), the city seeks to require greater oversight by out-of-state gun dealers of those who allegedly purchase guns elsewhere in order to use them in New York City.
In Chicago, where the city has unsuccessfully pursued litigation seeking to hold gun manufacturers responsible for illegal gun use there, Mayor Richard Daley said police officers are currently “outgunned” by criminals and called for them to be armed with assault rifles after a recent spate of weekend shootings, according to the Chicago Tribune.
Related coverage:
CNN: “Dad of slain teen: Chicago violence ‘out of control’ “
Chicago Tribune: “Hidden wounds of violence”
Philadelphia Inquirer: “Fear on the night shift at N.J. gas stations”
ABAJournal.com: “Appeals Court Tosses N.Y. Gun Suit”
Volokh Conspiracy: “D.C. lawsuit against gun manufacturers is dismissed”
National Center for Policy Analysis (1999): “Suing Gun Manufacturers: Hazardous to Our Health”
