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Judge Denies Firearms Industry Motion To Dismiss New York City Case





NEWTOWN, Conn.—A federal judge in New York City today ruled that the city may ignore federal law and proceed with its frivolous lawsuit against firearms companies.

Industry defendants had filed a motion to dismiss the suit after Congress passed the “Protection of Lawful Commerce in Arms Act” in October. While the new law was intended to protect firearms industry companies from lawsuits like New York’s, Eastern District Judge Jack B. Weinstein opted to deny the motion and side with the city.

Firearms industry defendants plan to appeal the decision immediately.

“Judge Weinstein’s decision was not only predictable, but intellectually dishonest and blatantly biased, given his decade-long track record of aiming to derail the firearms industry,” said Lawrence G. Keane, senior vice president and general counsel for the National Shooting Sports Foundation (NSSF), the trade organization for the firearms industry.

“New York City’s lawsuit is precisely the type of suit the Protection of Lawful Commerce in Arms Act was designed to prevent. During debate in each chamber of Congress, Sen. Larry Craig and Rep. Cliff Sterns—the sponsors of the bill—both referenced the city’s case as a quintessential example of a lawsuit the act would prevent,” Keane said.

The “Protection of Lawful Commerce in Arms Act,” signed into law in October, was created to prevent lawsuits attempting to hold firearms industry companies liable for the actions of criminals who misuse the industry’s lawful products. The law prevents wrongful civil liability lawsuits against law-abiding companies.

The National Shooting Sports Foundation is the trade association for the firearms industry, representing manufacturers, distributors and retailers among its 2,800 members. For more information, visit www.nssf.org.

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