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bkt 10-08-2012 01:21 AM

Victim sues gun maker, distributor
Court: Shooting Victim Can Sue Gun Maker, Distributor
Saturday, 06 Oct 2012 12:01 AM

A Buffalo man who was shot nearly a decade ago can sue the manufacturer, the distributor and the dealer of the semi-automatic pistol used to shoot him, a New York state appeals court ruled on Friday.

Attorneys for Daniel Williams, who was shot in 2003 when he was in high school, argued that Ohio-based manufacturer Beemiller and the distributor, MKS Supply, violated federal law by knowingly supplying guns to irresponsible dealers.

The defendants said they cannot be sued because of the federal Protection of Lawful Commerce in Arms Act, a 2005 law that shields firearm manufacturers and sellers from liability for harm caused by the criminal misuse of their non-defective products.

A unanimous panel of the Appellate Division, Fourth Department, on Friday reversed a 2011 ruling that threw out the case against the defendants Beemiller, MKS Supply and gun dealer Charles Brown, who sold the guns to James Bostic, a Buffalo resident accused of running a trafficking scheme that funneled guns into the black market in New York.

The decision reinstates the case.

The Brady Center to Prevent Gun Violence, which is representing Williams, claims Bostic is a convicted felon and is barred from purchasing guns, according to the ruling.

The center said Bostic traveled to Ohio, which does not require a license to buy a gun, to procure a large numbers of handguns, including the pistol used to shoot Williams, the ruling said.

"Although the complaint does not specify the statutes allegedly violated, it sufficiently alleges facts supporting a finding that defendants knowingly violated federal gun laws," Justice Erin Peradotto wrote for the court.

Jeffrey Malsch, a lawyer for MKS, said he is reviewing the decision.

"We believe (the lower court's ruling) was a courageous and legally correct decision, but the Fourth Department was unwilling to follow his well reasoned opinion," he said. "Whether we appeal or not, we are confident that ultimately the facts will contradict the baseless allegations in the complaint and the case will be dismissed."

Attorneys for Williams and the remaining defendants did not immediately return requests for comment.

2012 Thomson/Reuters. All rights reserved.

JonM 10-08-2012 01:26 AM

so that means its good to go for a violent crime victim to sue the sht out of the brady center for preventing them from carrying a firearm that would have prevented their injuries...

dog2000tj 10-08-2012 01:48 AM

great news ... now I can sue the SBC for my work accident back in 98'! ;)

After all, it was their guidelines that permitted for the use of stapling of truss components rather than gussets that were a direct result in my falling 24' through a roof onto a concrete slab! :mad:

c3shooter 10-08-2012 01:49 AM

THAT decision will be overturned on appeal. It is directly contrary to law- a law that was passed for this very reason. Comparable to suing Ford because they built a car used by a drunk driver who ran into someone.

15 U.S.C. 7901-7903.

The law flatly orders pending cases to be dismissed, and bars filing further cases.

NCFlyfisher 10-08-2012 02:14 AM

And how many does the U.S. Firearms industry provide our economy with much needed jobs?

I doubt this new decision will go forward.

Heck Mexico tried in 2011:

Good thing the The Protection of Lawful Commerce in Arms Act still had bearing.

Plus this is in New York where firearms have been a bane.

Sort of odd since without them some 200+ years ago, New York might've been part of the United Kington...

7point62 10-08-2012 12:57 PM


Originally Posted by bkt (Post 968182)
Court: Shooting Victim Can Sue Gun Maker, Distributor

The center said Bostic traveled to Ohio, which does not require a license to buy a gun, to procure a large numbers of handguns, including the pistol used to shoot Williams, the ruling said.

So...if the state does not require a license there was no crime selling the guns to Bostic. Who do you sue now?


"Although the complaint does not specify the statutes allegedly violated..."
Of course it doesn't because the manufacturer and dealer did not violate any statutes. Once again, the Brady bunch grasping at a feeble straw.

locutus 10-08-2012 03:54 PM

The "Brady Bunch" hasc long preached that lawsuits should be filed over [B]EVERY[/B shooting. Their reasonig is that even though they will lose these suits, if enough of them are filed, they can bankrupt small dealers with legal fee defending agasint them.

bkt 10-08-2012 04:24 PM

Ohio and New York both use the FBI for NICS checks. It is true you don't need a permit to purchase a handgun in Ohio.

If this guy was a felon and the gun dealer did not have him fill out a 4473 and run a NICS check and find that out, that's legitimately on the seller - he broke federal law. I don't know what Ohio state law says about selling to out-of-staters. Many states won't permit handgun sales to non-residents.

However, if a 4473 was filled out, a NICS check was run and the go-ahead was given then that's on the FBI and not the dealer.

I can see no reason to sue the gun manufacturer; that's just leftist gun-grabbing crap.

nitestalker 10-08-2012 04:42 PM

I understand this one? Federal Law prohibites the direct sales of a handgun in every state to nonresidents. A nonresident would have to have an FFL or have the gun transfered via an FFL to his home state. This is a play on words no permit needed in Ohio to buy a firearm? The Brady group is pushing the Ill. "FOID" card idea again. They want laws in every state making guns and ammo buyers carry a state issued ID. Beemiller of course is Hi-Point so they make an easy target for Brady.:(

Old_Crow 10-08-2012 09:20 PM

The suit will get shot down like a crow flying over BBQ/dove hunt. The Brady bunch is wasting their resources on this case. How many times can you sue over the same case? Hi Point has cash to deal with this suit like buying bug spray. Other gun makers will support Hi Point under the table. They don't need any precedent for law suits.

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