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New York City's Reckless Lawsuit Heads to Trial

Friday, May 23, 2008

"I have made many errors and I'll make many in the future."
-- U.S. District Judge Jack B. Weinstein 

On Wednesday, activist U.S. District Judge Jack B. Weinstein announced he would allow New York City's lawsuit against Adventure Outdoors, a Georgia gun store, to continue.  Adventure Outdoors is one of three remaining defendants in the case, which began in 2006 with "sting operations" by New York City mayor Michael Bloomberg's investigators, which have brought rebukes from both federal and state officials for their potential interference with ongoing investigations. 

The ruling continued a long series of bizarre decisions by the judge, whom plaintiffs' lawyers have long sought out for his willingness to hear their most exotic claims.  Judge Weinstein is famous for crafting imaginative legal theories that apply only in his own courtroom, and which he then applies as precedent to allow even stranger suits in the future. 

Jay Wallace, owner of the Smyrna, Ga. store under attack in the case, has vowed to fight to the end to protect his good name.  Noting his careful business practices, Wallace told the New York Law Journal, "I personally believe I care more about keeping the firearms out of criminals' hands than the mayor of New York does."  Wallace is also countering with a libel suit against Mayor Bloomberg, now on appeal in a Georgia state court. 

The trial is set to begin June 3.  We'll keep you posted.

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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.