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Editorial
From the New York Times Combating Illegal Guns
Published: June 6, 2008
"Mayor Michael Bloomberg’s campaign against illegal guns won a notable victory
this week when a Georgia gun dealer decided to default rather than go to trial in a civil lawsuit that accused him of illegally
selling handguns that were later used to commit crimes in New York."
This should have read:
Mayor Michael Bloomberg's illegal campaign against Independent retail Firearms Dealers
claimed victory this week when a Georgia independent Firearms Retailer decided to default because of continued unfair
rulings and a costly four week trial in a civil lawsuit that accused him of illegally selling handguns. Of the original 21
guns few were actually used in a crime other than possession. There were no homicide committed with any of Adventure Outdoors
guns and in fact only one was used in a shooting.
The last-minute retreat by the dealer, Jay Wallace, is new vindication of Mr. Bloomberg’s strategy for holding
irresponsible gun dealers accountable. It is part of the mayor’s larger battle against atrocious federal laws that shield
the gun industry from having to account for the crimes committed with guns that they provide.
This should read:
The last-minute decision to withdraw from the unfair court, Jay Wallace, is another
victim of Bloomberg's strategy of attacking family owned independent Firearms dealers across State lines without jurisdiction
to do so. It is part of the mayor's larger agenda to erode federal laws that protect the gun industry from being sued for crimes
committed by criminals whom the dealers have no control after a legal sale is made.
Mr. Wallace’s decision paves the way for court appointment of
a federal monitor to oversee guns sales at his store. Twenty other dealers have settled lawsuits filed by the city in this
manner.
This should read:
Mr. Wallace's decision
paves the way for an appeal in the second circuit for a reversal of Judge Weinstein giving jurisdiction to the City of New York
over a retailer in SmyrnaGeorgia. Twenty other dealers were forced to settle lawsuits filed by the city because of
costs incurred in fighting an attacker with unlimited resources.
In 2006, New York sued 27 gun dealers in Georgia, South Carolina, Virginia, Pennsylvania
and Ohio, claiming their lax screening practices and illegal guns sales created a public nuisance in the city.
This
should read:
In 2006, New York sued 27
gun dealers in Georgia, South
Carolina, Virginia,
Pennsylvania and Ohio without any factual evidence claimed and accused them of having lax screening
practices and illegal gun sales creating a public nuisance in the city.
The suit navigates some tricky legal terrain. Bowing to the gun lobby
three years ago, Congress passed a law to protect the gun industry from such lawsuits. A federal appeals court last month
tossed out a city suit against gun makers and distributors. But the 2005 statute does not cover illegal gun sales, leaving
room for the city to proceed against gun dealers.
This should read:
The suit navigates some tricky legal terrain. Recognizing the Firearms Industry was being attacked by unscrupulous
lawsuits, Congress passed a law to protect the gun industry from such lawsuits. A federal appeals court last month correctly tossed
out a city suit against firearm manufacturers and distributors. But the 2005 statute does not cover illegal lawsuits against
firearms dealers, leaving room for the city to proceed bullying small independent retailers.
The early evidence indicates that the city’s
litigation is having an effect on the “iron pipeline” of illegal guns used to commit crimes in New York. A court
filing in the city’s case shows a 75 percent drop in such guns coming from a sample of the dealers sued. Between 2006
and 2007, there was a 16 percent drop in the number of guns used in crimes in New York that were traced to any dealer in the
states where the sued dealers are located.
This should read:
The early evidence contribed and miscontrued
by using partial data the city is claiming litigation is having an effect on the so called "iron Pipeline" of illegal
guns used by criminals and found in the possesion of those without a expensive hard to get NYC firearms permit. A court filing
in the city's case shows a 75 percent drop in 7 hand selected dealers of the 27 sued. The city sellected those 7 to get the
best possible results to make them look the best as possible. Totally differnt results could be contribed by selecting a differnt
group. The city was able to mislead the court by using those 7 selected dealers by saying there was a 16 percent drop in the
number of guns used in New York that were traced to any dealer in the states where the sued dealers are located.
The city’s success provides a model for other jurisdictions. There is also a lesson
for Congress, which last year rebuffed Mr. Bloomberg’s effort to win repeal of the so-called Tiahrt amendment, a 5-year-old
law that blocks access to a federal database that traces guns used in crime back to particular dealers. The city was able
to file its civil lawsuit using trace data collected before the ban. But as time passes, that data will become less and less
useful, making it even harder to stop gun dealers whose sleazy conduct results in violence.
This should read:
The city is giving an allusion of success that they want to provide as a model
for other jurisdictions. IE: Mayor Bloomberg's self funded Mayors against Gun Violence. There is also a lesson for Congress,
which last year rebuffed Mr. Bloomberg’s efforts to undermine the Tiahrt amendment, a 5-yearold law that blocks
Mayors and others like Mayor Bloomberg from using trace data to misconstrued information and attempt to hold the firearms
industry responsible for the actions of individuals whom they have no control. The city was able to misconstrue 9 year old
trace data to file its civil lawsuit. But as time passes, that data will be harder
to mislead with, making it even harder to file illegal lawsuits against unsuspecting small independent firearms dealers whose
legal conduct has resulted them being bullied into submission by the all powerful Multibillionaire Mayor Michael Bloomberg
and the forced over taxed community of New York City.
and
that is THE BEST OF THE STORY
Thank
you to all who are stepping forward and being part of this important time in our history. I am truly humbled by all those
who are showing their support. Your efforts inspire me.
Send non tax deductable funds via mail to:
Bloomberg Fight Back Fund 630 Windy Hill Road Smyrna, GA 30080