Rudy's lawsuit against firearms industry

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From the City of New York itself

MAYOR GIULIANI AND SPEAKER VALLONE ANNOUNCE
CITY LAWSUIT AGAINST GUN INDUSTRY
Mayor Rudolph W. Giuliani and City Council Speaker Peter F. Vallone, joined by Corporation Counsel Michael Hess, today announced that the City of New York has filed a lawsuit against two dozen major gun manufacturers and distributors. The suit alleges a number of illegal practices conducted by the gun industry, including:

Deliberately manufacturing many more firearms than can be bought for legitimate purposes such as hunting and law enforcement, and knowingly targeting these excess guns to criminals, youths and other persons unqualified to buy firearms;

Deliberately undermining New York City's gun control laws by flooding markets with looser gun laws with firearms that the manufacturers know are destined to be illegally resold in New York City;

Ignoring the illegal practices of gun distributors, many of whom openly engage in the above practices;

Refusing to manufacture safer guns, with such features as trigger locks and "personalization" measures that allow only authorized persons to fire the weapon.
"This is an industry that is profiting from the suffering of innocent people," Mayor Giuliani said. "What's worse, its profits rest on a number of illegal and immoral practices. This lawsuit is meant to end the free pass that the gun industry has so long enjoyed."

Council Speaker Vallone said, "More than 30,000 people, including 4,200 children, die every year in the U.S. from firearms-more people than in any other country in the world. I join with the Mayor in this lawsuit to send a message to gun manufacturers that New York City will hold them accountable for their reckless and irresponsible practices."

The suit seeks an as yet unspecified amount of damages for the many ways in which these illegal practices and illegal guns harm New York City and its residents-including, for instance, the $17 million per year spent by the City Health and Hospitals Corporation treating gunshot wounds.

Defendants named in the suit include most major gun manufacturers, distributors and dealers currently operating the United States, or who export large numbers of guns to the United States.

Plaintiffs in the lawsuit are the City of New York, Mayor Rudolph W. Giuliani, City Council Speaker Peter F. Vallone, and the Health and Hospitals Corporation. The suit was filed in the United States District Court, Eastern District of New York.

This is why I could not support Rudy. He is a good administrator, but someone like this I can not trust with the signature pen, nor appointment of judges. The Second Amendment protects the rest, and anti-2nd amendment leaders are unworthy of my support.

So, we have First Amendment hater McCain and Second Amendment hater Giuliani. Fantastic. LOL. Espcially if you believe that there is a reason the founding fathers put those two amendments at the very beginning of the Bill of Rights.

"Council Speaker Vallone said, "More than 30,000 people, including 4,200 children, die every year in the U.S. from firearms-more people than in any other country in the world."

Really? 'Cause I think Sudan, Rwanda, Bosnia, and other countries might disagree.

There is a database that manufacturers can get from the BATFE that says which gun stores have more guns sold that are used in illegal activities, have guns stolen, or otherwise nefarious statistics. Gun manufacturers could choose to stop selling to these stores, but that would be their choice. It is the job of the government to enforce gun laws, not the gun makers.

That said, "Deliberately manufacturing many more firearms than can be bought for legitimate purposes such as hunting and law enforcement" is a question of marketing. Besides, what is their definition of "legitimate purpose?" Does it include overthrowing a tyrannical government? Our Declaration of Independence and Constitution say that is a legitimate purpose.

Further, if New York has a problem with, "Deliberately undermining New York City's gun control laws by flooding markets with looser gun laws with firearms that the manufacturers know are destined to be illegally resold in New York City," then it should take up that issue with those other jurisdictions. All the gun maker knows is that there is demand in Connecticut and New Jersey. They do not know that the guns bought there will be illegally resold in New York.

Finally, "Refusing to manufacture safer guns, with such features as trigger locks and "personalization" measures that allow only authorized persons to fire the weapon" sounds great in a court document, but it doesn't hold up to the test of science. No equipment has been developed that can prevent unauthorized users from firing a gun and stand up to the forces of a gun going off.

Giuliani couldn't get my vote. Not today. Not ever.

"In matters of style, swim with the current; in matters of principle, stand like a rock."

--Thomas Jefferson

This guy is becoming more and more scary. He isn't a conservative.

I'm about as liberal as someone can be, but these gun mfr. lawsuits have always baffled me. They are producing a legal product. How does a mfr. "flood" a market? The distributors buy the guns, it's not like the mfr. is dropping off unsolicited truckloads of guns. The distributor is ordering them!

Have any cities actually won any of these lawsuits?

I'm assuming those were all rhetorical questions. :)

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After the 2006 elections, al Qaeda released a statement saying they were happy Democrats won. That should tell you all you need to know.

Winning the lawsuits wasn’t the point; the point was to bring as many suits in as many different jurisdictions as possible and to force gun manufacturers, distributors, sellers, etc. to have to defend themselves which is a very expensive proposition. Particularly when the suits were set up so that they couldn’t be consolidated which means you have to hire counsel in several different States.

I'm not a South Park Republican, I'm a King of the Hill libertarian.

It's the defense of the lawsuit and fending off a bunch of them in parallel that drives manufacturers out of business. Bloomberg is working to make exactly what you say in the last sentence the Law of the Land.

My take on these lawsuits.

"No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong." - Winston Churchill

Why wouldn't it work for firearms? Or alcohol? Or fast food? This was all built on the groundwork laid by stupid juries, complicit judges, greedy lawyers and equally greedy politicians.
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Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

His supporters say, "Aw, forget about X, because he's strong on the war."

Well, pretty soon, X becomes X, Y, Z, and a dozen other things we're supposed to overlook, just because he's a "solid leader" when the crap hits the fan.

Okay, so Rudy does well in a crisis situation. What's he going to do the other 99% of his time in office? Pretend like he's not a flaming liberal on social issues?

What if I want a strong leader on the war and someone I can trust on X, Y, and Z?

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After the 2006 elections, al Qaeda released a statement saying they were happy Democrats won. That should tell you all you need to know.

I’ve said it before; the very act of participating in the political process is going to necessitate some sort of “compromise” to support the best candidate or party which is almost always going to be imperfect in the eye of the beholder.

IMO Giuliani is not someone I would want to support because even though he would probably be strong on the War, his domestic policies seem too authoritarian in nature. I know people have made a big deal out of the reductions in NYC’s welfare rolls (although I think that would probably be more to do with changes made by the State of NY than the City as well as a booming economy) and the recent noises he’s made about federalism but I haven’t heard anything from him that shows that he really “gets it.”

Full disclosure: if the primary were held today, I would probably support either Mitt Romney or John McCain in that order.

I'm not a South Park Republican, I'm a King of the Hill libertarian.

So can I at least have a candidate who is strong on the war and that I agree with on X and Y? They can have Z in return. :)

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After the 2006 elections, al Qaeda released a statement saying they were happy Democrats won. That should tell you all you need to know.

Support Rudolph Giuliani for President. I knew that a long time ago, because I knew his anti-gun and anti-2nd Amendment stance. I'll also never support John McCain.

So who is left?

But absent a major reversal by Giuliani on this issue, a complete change of mind in almost everything he's said for the past ten years, it's an open secret that there isn't anyone left except Mitt Romney.

There are more than those three candidates out there.

Argument that Giuliani doesn't actually mean these things but instead he's only doing it to get the nomination and then he'll just bury those views once he gets elected.

So I guess it comes down to who has nicer hair, after all.

I'm not a South Park Republican, I'm a King of the Hill libertarian.

You're being ridiulous and somewhat paranoid. If this was any other other industry you would see the point, so let me ask you:

-Does objecting to the NY times revealing classified info to the terrorists make me anti first amendment?
-Does going after stores and companies which sell alcohol to minors, make one a prohibitionist?
-Would suing car manufacturers for making defective seat-belts make you anti-car?
-Is objecting to Russia building nuclear plants for Iran, an attempt to ban nuclear power worldwide?
etc.

The point I'm trying to make is not that Rudy should be the NRA's logical choice for the GOP nominee. It is not even that he was correct in filing the lawsuit (that's up to the courts to determine). It is that beleiving a particular set of practices by the gun industry to be unsafe doesn't make him a "gun grabber", any more than filing a suit against the meat-packing union would make him a vegetarian.

The lawsuits against the gun industry were designed to either bankrupt them or try to regulate them through the courts because the anti-gunners didn’t have the political support to pass the kind of national legislation they wanted.

Moreover since when is an industry that has followed all of the relevant laws liable because someone has misused its products to commit a crime? What’s next, we sue auto manufacturers because they don’t make better door locks enabling people to steal them?

Also, the Mayor of NYC attempted to use the courts of his State to effectively regulate what happens in other States. For those who are considering Giuliani despite his views on social issues, they have had to take him at his word that he really does believe in federalism and would leave issues to the individual States to decide.

Which begs the question – if Giuliani was willing to try to use the courts to dictate or change what laws other States had regarding firearms when he was a mayor, why do you think he would suddenly respect federalism as President?

I'm not a South Park Republican, I'm a King of the Hill libertarian.

Your argument is circular reasoning at its worst. You start with the conclusion:
The lawsuits against the gun industry were designed to either bankrupt them or try to regulate them ...
You're yet to demonstrate proof of that in this case. Is every lawsuit against a gun manufacturer an attempt at gun-grabbing?

Moreover since when is an industry that has followed all of the relevant laws liable because someone has misused its products to commit a crime?
Once again, that's what's in dispute. What's your evidence that they followed all laws? Is it at all possible to have a legitimate complaint about that industry's product/marketing practices or are they automatically protected by the second?

Also, the Mayor of NYC attempted to use the courts of his State to effectively regulate what happens in other States.
That's ludicrous spin, the suit deals specifically with the impact on NYC.

To me this is worse than being anti-2nd Amendment. Here we have a man who willingly uses --better said, abuses-- our courts to attack legal businesses merely because the manufactured products are used in criminal activities. How about suing car manufacturers because their products are used as the getaway vehicle? The problem with this is that it skips the guilty, responsible parties to try to get at deeper pockets. Anyway, you can hear & see Giuliani defend this reprehensible lawsuit here: http://www.youtube.com/watch?v=yhe38wJ86Do His economic reasoning is also on rather shaky ground.

Of course, similar logic was used to successfully prosecute the tobacco companies. There it wasn't the smokers that were responsible for their actions, it was the tobacco companies. People had known for decades that smoking was an unhealthy activity. Heck, even the Nobel Prize winning novelist, Thomas Mann, recognized in his 1901 masterpiece, Buddenbrooks, that smoking was unhealthy (perhaps not for all the reasons we know now over 100 years later). Thankfully, Giuliani --to the best of my knowledge-- did not have a hand in this travesty. Of course, he did go after Milken & Drexel Burnham Lambert with a viciousness that was way over the top.

To me, Giuliani's aggressive use of the courts raises serious concerns. I would not trust him to oversee & conduct the Justice Department in a fair & impartial way.

 
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