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27 Jul, Fri, 1x:x4:xx tias-gw3.treas.gov 27 Jul, Fri, 1x:x4:xx machine108.panynj.gov 30 Jul, Mon, 1x:xx:xx gao-cp.gao.gov 31 Jul, Tue, 12:0x:xx xxxx.xxxDISA.MIL 31 Jul, Tue, 16:30:41 ny-gw.environmentaldefense.org 07 Aug., Tue, 11:51:49 keymaster.dol-esa.gov 08 Aug, Wed, xx:08:20 netguard.yorkcounty.gov 15 Aug, Wed, xx:xx:xx xxxxxxxxxxxr.fsc.usda.gov |
NEW YORK STATE
- Cal. Court Rules for gun makers
- Unions Don't Cite Political Funds To IRS
- Rosie O is back in the news.
- Multistate gun agreement effective Wednesday
- U.S. House Rejects Attack on Ashcroft & Privacy of Gun Buyers
- HUD ends $15 million gun buy back program
- Zogby Poll
- Living by the Gun, Predictions of increased violence won't pan out
- Ashcroft on gun rights
- Daschle & Kennedy Call for Abolition of Bathtubs
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The Firearms Coalition
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By
Daniel Wise
New
York Law Journal
August 15, 2001
The State Attorney General's novel lawsuit to find
the gun industry liable under a nuisance theory must be dismissed, an acting
State Supreme Court justice in Manhattan has ruled.
There is too tenuous a connection between the way
handguns are marketed in New York and the more than 1,000 accidental and
crime-related deaths involving the weapons each year to support an industry-wide
finding of liability, Justice Louis B. York ruled Friday in People v. Sturm,
Ruger & Company, 00-402586.
Juanita Scarlett, a spokeswomen for Attorney General
Eliot Spitzer, described Mr. Spitzer as "dismayed" by the decision, and
vowed to appeal it because the gun industry has "clearly contributed to
a flood of illegal guns into New York."
New York State filed the lawsuit in June 2000 against
eight major gun manufacturers and a dozen wholesalers operating in the
State in the hopes of imposing reforms on the industry to abate the alleged
"public nuisance" they had caused.
Those reforms would have been similar to those that
only Smith & Wesson among the nation's major gun makers has agreed
to accept. Included in those measures the State was urging are limiting
retailers' sales to one gun per customer per day, and monitoring sales
to determine which retailers' and wholesalers' guns disproportionately
end up used in crimes.
New York is the only state to date to have sued
the gun industry, but at least 32 municipalities have filed similar suits,
according to an industry source.
According to Justice York's opinion, the nuisance
theory has received a mixed reception so far, with eight courts rejecting
the theory and three adopting it.
The crux of the State Attorney General's argument
was that the gun industry continues to market guns in a manner that makes
them likely to end up in the hand of criminals. Specifically, the Attorney
General's Office contended that because of studies performed by the federal
Bureau of Alcohol, Tobacco and Firearms tracing weapons recovered from
crimes, manufacturers are aware of the qualities in a gun most likely to
appeal to criminals and those suppliers whose weapons most often are used
in crimes.
Justice York rejected those argument, finding too
many gaps in the tracing process. The federal agency's studies, he wrote,
"cannot as yet pinpoint how guns used in crimes came into the possession
of the perpetrators."
Some guns, he wrote, may have fallen in to the hands
of criminals because of "irresponsible conduct" by those involved in the
chain of sale - manufacturers, wholesalers and retailers, all of whom are
licensed by the federal government. But criminals could have gained access
to an unknown quantity of guns through no fault of the industry, he noted.
For example, guns could have been stolen or legitimately purchased by "straw"
buyers, who intended to resell the guns to criminals.
- Get Information on how to get a pistol license in Nassau. Includes directions, laws, and images of all forms. Links to local and statewide gun resources. Know the facts before you go!Michael B. Justice has just put a new web page on line with information for those who live in Nassau County. He has covered everything that you need to know about getting a handgun license in Nassau and has downloaded all of the forms and handbooks. He will be adding more information as soon as he can. It is a very good site and even if you do not live in Nassau County it is worth the look to see what they have to put up with.
PREMISES LICENSE: IS A RESTRICTED TYPE OF LICENSE. It is issued for your RESIDENCE or
BUSINESS. The Licensee may possess a handgun ONLY on the premises of the address indicated on the front of the
license. Licensees may also transport their handguns and ammunition in SEPARATE LOCKED CONTAINERS,
DIRECTLY to and from an authorized range, or hunting location. HANDGUNS MUST BE UNLOADED WHEN
TRANSPORTING.
Mayor Rudolph W. Giuliani and Police Commissioner Bernard B. Kerik today announced that more than 3,000 guns taken off New York City streets will soon be turned into scrap metal. The New York Police Department recovered the guns over the last several months through a number of channels and the total includes guns that were used in the commission of crimes. The guns will be transported to an undisclosed location, where they will be smelted and the metal recycled. NYPD personnel will monitor every aspect of the entire process, until every gun has been destroyed."The Police Department's dramatic success in reducing crime is due in large part to its corresponding success in removing guns from City streets," the Mayor said. "More than 90,000 guns have been seized since 1994, and shootings have pummeled more than 74 percent. The NYPD's gun seizure success is also reflected in the murder rate, which has plummeted 65 percent since 1994, and is down another 11 percent this year over last year. The NYPD has also ensured that thousands of guns can never be used to commit a crime by destroying them and putting the metal to good use. Now, another 3,000 guns have been taken out of circulation -- permanently."
Police Commissioner Kerik said, "The destruction of these firearms is a very tangible reminder of the intensive efforts undertaken by the NYPD and the City to remove guns from our streets. Every gun taken out of circulation is one less gun that can be used to shoot an innocent citizen, gun down a hero cop, or carelessly end up in the hands of a child."
Including the guns to be destroyed following today's announcement, more than 7,371 guns will have been smelted this year to
date. In 2000, the Police Department sent 8,278 guns to be smelted and turned into scrap metal.
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| As we have explained, in the trial court, Navegar
argued in effect that the
Legislature, through section 1714.4, established an exception that applies in this case. Section 1714.4 provides: “(a) In a products liability action, no firearm or ammunition shall be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged. [¶] (b) For purposes of this section: [¶] (1) The potential of a firearm or ammunition to cause serious injury, damage, or death when discharged does not make the product defective in design. [¶] (2) Injuries or damages resulting from the discharge of a firearm or ammunition are not proximately caused by its potential to cause serious injury, damage, or death, but are proximately caused by the actual discharge of the product. [¶] (c) This section shall not affect a products liability cause of action based upon the improper selection of design alternatives. [¶] (d) This section is declaratory of existing law.” Navegar argues that this statute, by establishing a state policy of exempting manufacturers of legal, nondefective firearms “from liability for their criminal use,” bars plaintiffs’ negligence claim. Plaintiffs respond that section 1714.4 “has no application to this case because it is not a product[s] liability action.” Plaintiffs assert that they “seek to hold Navegar liable for its negligent conduct, not for making a defective product,” and that they “make no assertion that Navegar should be liable because the risks posed by the TEC-9 outweigh its benefits.” More specifically, plaintiffs assert Navegar is liable because of the TEC-9/DC9’s “negligent design, distribution, and marketing,” or, as plaintiffs alternatively state, because Navegar “negligently designed, distributed, and marketed” the weapon. ... Under these principles, we reject plaintiffs’ argument that section 1714.4 is inapplicable because this case “is not a product[s] liability action.” As noted, the basis of their argument, which the dissent essentially adopts (see dis. opn. of Werdegar, J., post, at pp. 2, 30-35), is that they seek to hold Navegar liable for “negligent conduct, not for making a defective product,” and that they “make no assertion that Navegar should be liable because the risks posed by the TEC-9 outweigh its benefits.” However, that plaintiffs rely on “negligent conduct” is not determinative; as we have explained, a plaintiff may, in fact, premise a “products liability case” on the “negligence of the defendant.” (Jiminez, supra, 4 Cal.3d at p. 383.) As our discussion also demonstrates, in asserting that the TEC-9/DC9 had a “negligent design” and that Navegar “negligently designed” it, plaintiffs have in fact alleged that the TEC-9/DC9 is, in the words of section 1714.4, subdivision (a), “defective in design.” ... Moreover, contrary to the assertion of plaintiffs and the dissent (see dis. opn. of Werdegar, J., post, at p. 32), the record demonstrates that plaintiffs do, in fact, seek to hold Navegar liable precisely because, as the trial court stated, the TEC-9/DC9’s “potential for harm substantially outweighs any possible benefit to be derived from [it].” |
"I am one of the haunted. I think I have been depressed for years. It runs in my family, along with alcoholism and an absurd ability to deny the obvious."
"The gloom was becoming constant. The gray was winning. Sure, I had moments of joy, I fell in and out of love. I had happy days and career success, but the dark cloud that arrived in my childhood did not leave until I was 37 and started taking medication."
" My depression slowly faded away. I have been on medication for two years now. I may be on it forever."
The Associated Press 7/31/01 6:47 PM
MONTGOMERY, Ala. (AP) -- A law that goes into effect Wednesday allows Alabama residents to legally carry their guns in eight other states on the same pistol permit.
Residents of the states that have entered the agreement also will be allowed to carry their guns in Alabama using their state's pistol permit.
States that have agreed to recognize one anther's handgun permits for visiting citizens are Florida, Mississippi, Idaho, Indiana, Kentucky, Michigan, North Dakota and Wyoming, said Attorney General Bill Pryor.
"We are pleased to work together with these states to protect the rights of our law-abiding citizens to carry handguns for self-defense when they have proper permits," Pryor said in a news release.
While in Alabama, out-of-state visitors must follow the same laws that in-state residents follow. Alabama residents must conform to other states' laws when they travel.
In a bipartisan vote of 268-161, the U.S. House of
Representatives defeated an attempt by anti-gun Representative Jim Moran
(D-Va.)—joined by gun-ban extremists Reps. Carolyn McCarthy (D-N.Y.) and
Henry Waxman (D-Calif.)—to invade the privacy rights of law-abiding gun
owners. Moran introduced an amendment that sought to give the FBI authority
to retain records of law-abiding gun purchasers for at least 90 days, a
policy the Clinton/Reno Department of Justice (DOJ) had attempted to make
permanent with a last-minute regulation. Fortunately, Attorney General
John Ashcroft’s recent proposal to reform and improve the operation of
the National Instant Criminal Background Check System (NICS) included a
call to slash the amount of time allowed to keep records on law-abiding
citizens that are generated by NICS to less than one day.
NRA-ILA Executive Director James Jay Baker said,
"On behalf of the NRA’s more than 4.4 million members, I am pleased to
see that the U.S. House voted in support of maintaining the privacy of
our citizens. While the Attorney General’s proposal is an effort to protect
the rights of law-abiding citizens, Rep. Moran’s intentions were to further
restrict those rights.... Our members are very pleased with the outcome
of the bipartisan, overwhelming defeat of the Moran amendment."
Take the time to thank those U.S. Representatives
who voted against the Moran amendment, and protected the privacy of law-abiding
gun owners. And if your Representative voted against privacy and for the
Moran amendment, be sure to voice your objection. To find out how your
U.S. Representative voted on the Moran amendment, you can call the NRA-ILA
Grassroots Division at -800-392-8683. For those on the Internet, you can
go to the U.S.
House web site.
Hinchey voted against us, Gilman and Kelly voted with us.
HUD officials said that while funding for the program was being eliminated, individual housing authorities could still run buyback programs with their own money if they chose to.
"This is clearly not part of the core mission of HUD," spokeswoman Nancy Segerdahl said Monday. She said HUD was focusing on affordable housing and was no longer participating in the Communities for Safer Guns Coalition begun by Cuomo.
Officials at HUD said funding for the buyback program was cut because the program could make no guarantees that it was decreasing the supply of guns to criminals or that lawbreakers were surrendering their weapons. HUD said buybacks remove only 1 to 2 percent of guns from the streets.
HUD also said that public housing authorities have shown little interest in making use of the program. Only 100 of the 1,000 housing authorities were participating, they said.
I will let you know how they turn out when I find out. You have to register to be sent the online Zogby Polls. They only take a few moments to fill out and you can have an impact.If someone were breaking into your home would you call your next-door neighbor who owns a firearm or would you call 911?
Call next-door neighbor, Call 911, Not sureIf a law-abiding citizen owns a shotgun for hunting, sporting competitions, or for self-protection should that person be required to register their shotgun?
Yes, No, Not sureThere are approximately 700,000 doctors in the United States. According to a National Academy of Sciences study, 98,000 patients die each year in this country due to medical accidents. There are 200 million guns in America - 70 million of which are handguns. According the Center for Disease Control, about 1000 Americans die from gun accidents. The new president of the American Medical Association believes it is more important to police gun deaths than medical deaths due to physician error. Do you agree or disagree with the AMA President?
Agree, Disagree, Not sure
Start with Florida. Between 1987, when Florida's concealed carry law took effect, and May 31 of this year, 777,268 licenses were issued. Only 142 were revoked because of any type of firearms related violation. That's two-hundredths of 1 percent. But even this overstates the risks. While a precise breakdown is not available, almost all of these cases apparently resulted from people accidentally carrying a gun into a restricted area, such as an airport. No one claims that these unintentional violations posed any harm.
From January 1996 through May 2000, the first 5 1/2 years that Texas' concealed handgun law was in effect, about 250,000 people were licensed. Only 178 have been convicted of any type of felony. That's seven-hundredths of 1 percent. Few of these crimes have anything to do with a gun.
In Virginia, "not a single concealed-carry permit holder has committed a violent crime," according to the Richmond Times-Dispatch. After Nevada's first year, "law enforcement officials throughout the state could not document one case of a fatality that resulted from irresponsible gun use by someone who obtained a permit under the new law," reported the Las Vegas Review-Journal.
National surveys of police show they support concealed handgun laws 3-1. ... Glenn White, president of the Dallas Police Association, provides a typical response: "I lobbied against the law in 1993 and 1995 because I thought it would lead to wholesale armed conflict. That hasn't happened.... I think it's worked out well, and that says good things about the citizens who have permits.
"In the United States, they came first for the Uzis, but I didn't speak up because I didn't own an Uzi. Then they came for the AK-47s, and I didn't speak up because I didn't own an AK-47. Then they came for all the semiautomatic weapons, and I didn't speak up because I didn't own a semiautomatic weapon. Then they came for the handguns, but I didn't speak up because I owned a shotgun. Then they came for my gun, and by that time no one was left to speak up."
"The Second Amendment is not about the right to hunt deer. It's about the right of the people to defend themselves from government, to hold government accountable – at the point of a gun, if necessary."
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