NY RULING HITS OUT OF STATE GUN DEALERS
More than a dozen out-of-state gun dealers have helped criminals terrorize New Yorkers, and now the sellers must face the city in court, a judge said yesterday.
Federal Judge Jack Weinstein ruled against the shops, which had argued they couldn’t be sued in a New York court because they do not do business in the city.
Weinstein said the city had demonstrated “with a high degree of probability” that shop owners’ conduct has been “responsible for the funneling into New York of large quantities of handguns used by local criminals to terrorize significant portions of the city’s population.”
That “knowing” behavior brought the out-of-state dealers under New York jurisdiction, he said.
Judge Jack Weinstein is an activist. He has a history of this
August 16, 2007 - 09:59 AM on August 16th, 2007
This is one of those things that will be appealed up to the Supreme Court. Federal Judges who write their own Unconstitutional laws ought to be impeached. If the US Senate would do that to even 1 Federal Judge, most of the rest would get the message.
August 16, 2007 - 10:15 AM on August 16th, 2007
PCD, This would be like me legally selling you a car in MI and you go back to Iowa and get into an accident that kills someone…I am responsible for your actions? I don’t think so.
If these were shops that were breaking the laws and selling to people that were not permitted to get a gun? It should be the respective states that handle it, but for NY to do this? Hello!!!!!!
August 16, 2007 - 11:16 AM on August 16th, 2007
NY just does not want to blame the criminals. They have to blame someone else because criminals don’t have any money for “compensation”. This is just a rights and money grab that this particular judge is going along with.
August 16, 2007 - 12:29 PM on August 16th, 2007
More outragoius ruling froma imperial judge who should get his butt booted off the bench and one judge the demacraps will want
August 17, 2007 - 01:11 AM on August 17th, 2007
This is going to get interesting as there are laws on the books that make the purchases illegal under federal law if the guns were purchased for anyone other than the buyer of record. The ATF form 4473 requires that the buyer state that they are the actual purchaser of the gun. I’ve filled out so many of those things, I can almost recite the questions from memory. That would make them “straw” purchases and subject the buyers to federal felony charges. There is also the strong possibility that Mayor Bloomberg could be charged for racketeering if the Feds would stop going after the small dealers and actually enforce the laws against the illegal buyers. The only problem is that the forms may not be used as evidence in a federal prosecution because they violate the 5th amendment prohibition on forced self incrimination. The proper response at this point in time is to SUE mayor Bloomberg and the city of New York for interfering with interstate trade AND also push for a racketeering investigation into the illegal purchases. If the Private Investigators who did the purchasing were paid to make them by Bloomberg et al, there could be grounds for RICO charges against them all. As long as the dealers followed the laws in selling the guns, they can not be held liable. However if Bloomberg’s minions violated the laws by taking illegal guns into NY, Bloomberg and his minions could all be charged.
For those who don’t know, the ATF rarely investigates truly illegal activity. They did used to intimidate and harass law abiding gun owners. Congress held some very embarrassing hearings about ATF abuses last summer and passed bipartisan legislation to put a stop to them. Research how they stopped people coming out of gunshows in Virginia and illegally confiscated lawfully owned firearms and required owners to come down to the local ATF office for interrogation before returning them. I once initiated an ATF investigation into guns being smuggled into Philly. As long as I was willing to make a buy (which wouldn’t have even been illegal as I had a dealer’s license at the time) they were willing to investigate. When I was transferred out of Philly, the investigation died despite my having given them the name, address, and social security number of the person I was going to make the buy from. (I had access to the guy’s personnel file) Exactly how hard would it have been for them to pursue that investigation? Hell the guy was from the Medellin region of Columbia, who knows what they may have found had they actually continued the investigation?