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New York City Lawsuit Against America's Firearm Industry Dismissed

Wednesday, April 30, 2008

Fairfax, VA-The Protection of Lawful Commerce in Arms Act proved the basis for today’s dismissal of a lawsuit by the City of New York against the American firearms industry. This lawsuit by the City of New York and Mayor Michael Bloomberg sought to hold manufacturers responsible for the criminal misuse of firearms.

“Today’s dismissal of this bogus lawsuit against America’s firearm industry is an important victory,” declared Chris W. Cox, chief lobbyist for the National Rifle Association (NRA). “New York City’s lawsuit was a politically motivated attack by an anti-gun mayor to bankrupt a lawful industry.”

The Manhattan-based U.S. Court of Appeals for the Second Circuit ruled that the Protection of Lawful Commerce in Arms Act, which NRA helped pass into law in 2005, is constitutional and that Judge Jack B. Weinstein erroneously interpreted that law in his district court ruling. Similar suits have been dismissed in the Seventh Circuit, the District of Columbia Court of Appeals, and in other courts throughout the country.

"We think Congress clearly intended to protect from vicarious liability members of the firearms industry who engage in the 'lawful design, manufacture, marketing, distribution, importation, or sale' of firearms," noted Judge Robert J. Miner, writing for the Second Circuit Court of Appeals.

This decision represents another setback to Mayor Bloomberg, who has also been publicly rebuked by the Bureau of Alcohol, Tobacco, Firearms and Explosives for his unlawful “sting” operations against firearm retailers in several states.

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Established in 1871, the National Rifle Association is America’s oldest civil rights and sportsmen's group. Four million members strong, NRA continues its mission to uphold Second Amendment rights and to advocate enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the military.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.