Buffalo Byron Brown lawsuit sues gun makers
Buffalo, N.Y. Mayor Byron Brown (AP Photo/Mary Altaffer)
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Buffalo Mayor Byron Brown announced last week that the Queen City had filed a “first of its kind” lawsuit targeting and blaming firearms manufacturers for the rising gun violence there. It’s not remotely the first, despite invoking a new “public nuisance” state law, and it’ll fail: Suits against Big Guns over crime, like those targeting Big Oil over climate, are just lawyer-enriching, and posturing-pol-promoting, bunk.

“The City of Buffalo is not going to let these gun industry members continue to flood our city with illegally possessed guns. We must hold them accountable,” Brown declared of the case against such gunmakers as Beretta, Smith & Wesson, etc., as well as distributors and local gun shops — plus, ghost-gun retailers like Polymer 80.

Maybe there’s a case against the ghost-gun crew, but all the other targets have weathered similar litigation before, starting in the ’90s. As long as the defendants obey the laws on serial numbers, background checks and so on, they’re not liable for third parties’ illegal use of their products.

Blame racist gunman Payton Gendron, not the gun industry, for the Tops Supermarket massacre. Local thugs and gangbangers are responsible for the terrible street violence in Buffalo and urban areas across New York.

Brown, like many pols before him, is trying to dodge his real duty. Lawyers are eyeing fees, or in some cases just hoping friendly judges will ignore the law to help them shut down the “evil” industry. …

Again, the hope here is that ideology will triumph in the courts where it hasn’t when it comes to writing laws. Lawyers get some work, politicians get to wax indignant — and they can all hope for a windfall if enough judges play along.

It’s not a bold struggle for justice; it’s a racket.

— New York Post editorial board in Suing Big Guns and Big Oil is just cynical political posturing

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46 COMMENTS

    • The parallel of prostitutes to the legal profession is not not lost on me. There is always one out there to fit your budget, they’ll do anything for the right price, and have no morals.

    • It should be obvious Gun Control vultures are sitting way up high on a perch looking down their beaks at ant size Gun manufacturers, Gun Owners, etc. And exactly why can such vultures act so high and mighty? Because they know the vast majority of the dumbazz public has no clue about Gun Control being rooted in racism and genocide. And the failure to define Gun Control according to its confirmed history of rot for a clueless public lies smack dab at the feet of Gun manufacturers and Gun owners.

      And to add insult to injury to the clown show Gun owners sit deaf, dumb and blind on one side of the courtroom while Gun Control and its hidden history of rot enjoys standing on the opposite side of the courtroom…It’s sick and getting sicker which of course is the nature of Gun Control.

      • “Benteen , you and Reno go after them savages that got guns and sticks , me and the rest of the troops are going after the wemon and children.”
        -George Armstrong Custer at the Battle of The Little Big Horn-

    • False. Contingent fee attorneys only get pad if they get a recovery. Otherwise they get bupkis, and have to pay for any costs out of their own pocket. Pro bono attorneys don’t get paid either, and there are plenty of clients who can pay so much and no more, again leaving the attorney on the hook for unpaid fees. Not every case is a gold mine, not by a long shot.

  1. Really too bad we can’t do a victim driven class action, to sue the city and state leaders who enable the carnage!!

    • An honest judge could issue a Writ of Mandamus against the mayors and force them to operate in the TRUE interest of citizens, but trying to find an honest judge is an increasingly difficult proposition.

      • I like how you are thinking about this.
        “Cities and States Suing Gun Makers and Distributors for ‘Gun Violence’ Is a Cynical, Lawyer-Enriching Racket” for which the lawyers should be held accountable. Nuisance lawsuits should have stark penalties for lawyers bringing them. Maybe removing them from the Bar Association would work.

    • Buffalo seems to be cursed. Heckuva bad location this winter. And they vote for Dims. One wonders how many residents participate in gun “buybacks”?!? Yeah lawyers bad. Unless you need one🙄

    • Dennis Sumner is correct and it is a shame businesses and governments at any level can’t be held liable for injuries and death incurred in “gun free zones” and death and injuries that occur due to bad laws? Businesses and governments restrict a citizen’s ability and access to self protection. Seems these entities want the customer’s business, but are not willing to accept responsibility for the customer’s safety. If a business, government et al can blame a 3rd party then why can’t they also be blamed?

  2. Looking at the current death toll from this storm, one can bet that Buffalo residents are so happy that their overlords are going after those dastardly oil companies.

    • It turns out that cold weather kills more than hot weather. Don’t tell the climate cultists. There can be no upside to warming!

  3. A Loser pays law would fix this problem,
    But since Congress would have to approve this you gotta know, it would never happen.

    • Problem is it’s the taxpayers that pick up the tab. Need something to hurt the government officials pushing this waste of time

  4. “Suits against Big Guns over crime,….are just lawyer-enriching, and posturing-pol-promoting, bunk.”

    And keep judges entertained.

    What judge, not retired on the bench, doesn’t want a novel case before the court?

    Resounding denials, along with sanctions against the plaintiffs individually, just might put an end to the chicanery.

    • Well its cause the law abiding dont want to go to jail, the crooks dont care because it’s nothing but a friends and family reunion get together.
      “How yah doing Fig?”

  5. What these disarmament driven politicians never seem to understand is the fact that every firearm used to commit a crime was in the hands of a human criminal. Not 1 firearm has ever loaded itself and crawled out to the scene of the crime. Until the fools deal with the human part of the problem, nothing will change.

  6. The gun companies should hire the most expensive legal teams they can find. Thanks to PLCAA, Buffalo will be footing the bill. If the politicians want to grandstand, let them explain to their constituents why they are spending millions for no reason.

    • “…let them explain to their constituents why they are spending millions for no reason.”

      Virtue signaling is its own reward, and worth the dance.

  7. It is my proposal that we the people immediately file suit against any and all public prosecutors that have cut deals, or released any violent felon that afterwards commits a crime in which someone is injured. After all, it is they who are ultimately responsible. They are the ones that put these felons on the street and put the public at risk. It doesn’t matter what weapon if any that they use if they are not free to be the violent less than human garbage that they are.
    Then file against the politicians that use the available police resources to guard themselves in the detriment of the people that they are supposed to serve.

  8. PLCAA! Let me translate, Mayor!

    𝐏𝐑𝐎𝐓𝐄𝐂𝐓𝐈𝐎𝐍 𝐨𝐟 𝐋𝐀𝐖𝐅𝐔𝐋 𝐂𝐎𝐌𝐌𝐄𝐑𝐂𝐄 𝐢𝐧 𝐀𝐑𝐌𝐒 𝐀𝐂𝐓. – 𝑻𝒐 𝒑𝒓𝒐𝒉𝒊𝒃𝒊𝒕 𝒄𝒊𝒗𝒊𝒍 𝒍𝒊𝒂𝒃𝒊𝒍𝒊𝒕𝒚 𝒂𝒄𝒕𝒊𝒐𝒏𝒔 𝒇𝒓𝒐𝒎 𝒃𝒆𝒊𝒏𝒈 𝒃𝒓𝒐𝒖𝒈𝒉𝒕 𝒐𝒓 𝒄𝒐𝒏𝒕𝒊𝒏𝒖𝒆𝒅 𝒂𝒈𝒂𝒊𝒏𝒔𝒕 𝒎𝒂𝒏𝒖𝒇𝒂𝒄𝒕𝒖𝒓𝒆𝒓𝒔, 𝒅𝒊𝒔𝒕𝒓𝒊𝒃𝒖𝒕𝒐𝒓𝒔, 𝒅𝒆𝒂𝒍𝒆𝒓𝒔, 𝒐𝒓 𝒊𝒎𝒑𝒐𝒓𝒕𝒆𝒓𝒔 𝒐𝒇 𝒇𝒊𝒓𝒆𝒂𝒓𝒎𝒔 𝒐𝒓 𝒂𝒎𝒎𝒖𝒏𝒊𝒕𝒊𝒐𝒏 𝒇𝒐𝒓 𝒅𝒂𝒎𝒂𝒈𝒆𝒔, 𝒊𝒏𝒋𝒖𝒏𝒄𝒕𝒊𝒗𝒆 𝒐𝒓 𝒐𝒕𝒉𝒆𝒓 𝒓𝒆𝒍𝒊𝒆𝒇 𝒓𝒆𝒔𝒖𝒍𝒕𝒊𝒏𝒈 𝒇𝒓𝒐𝒎 𝒕𝒉𝒆 𝒎𝒊𝒔𝒖𝒔𝒆 𝒐𝒇 𝒕𝒉𝒆𝒊𝒓 𝒑𝒓𝒐𝒅𝒖𝒄𝒕𝒔 𝒃𝒚 𝒐𝒕𝒉𝒆𝒓𝒔.

    • “PLCAA! Let me translate, Mayor!”

      PLCAA, let me translate, Tom.

      PLACCA doesn’t cover fraud, misleading advertising, nuisance, inducing young people to participate in dangerous activities, inducing young people to believe they become more powerful as a result of certain activities, and a whole bunch of other stuff I haven’t thought of, yet.

      We are not suing gun companies for the actions of third parties, but for making owning a gun seem like a good thing.

      Signed: Mayor Sam

  9. it’s a backdoor effort of gun control and for no other reason. I’m willing to bet more deaths and injuries are from texting/cellphone using drivers. My life was permanently changed by a texting driver. I received just enough to pay for the attorney and the surgery that was to prevent paralysis. Now do you see AT&T, Verizon or Sprint being sued for wreckless use of their products?

  10. Just a reminder, the laws for serial numbering are and have always been unconstitutional, and with the recent ” New York State Rifle & Pistol Association v. Bruen” decision affirming this was noted in the Oct 2022 case by U.S. District Judge Joseph Goodwin ruled that no historical standard exists to demonstrate that firearms without a serial number are more dangerous or unusual than firearms with a serial number, so the law is unconstitutional.

    https://thehill.com/regulation/court-battles/3687788-judge-rules-federal-law-banning-guns-with-serial-numbers-removed-is-unconstitutional/

    Goodwin said in his ruling that a firearm without a serial number, in 1791, was not considered more dangerous or unusual than other firearms because serial numbers were not commonly used at the time.

    The Second Amendment was ratified as part of the Bill of Rights in 1791.

    Goodwin, who was appointed to the Southern District of West Virginia by former President Clinton, ruled that the law is not a commercial regulation because it criminalizes the possession of firearms without a serial number, regardless of whether it is sold.

  11. “U.S. District Judge Joseph Goodwin ruled that no historical standard exists to demonstrate that firearms without a serial number are more dangerous or unusual than firearms with a serial number, so the law is unconstitutional.”

    Interesting. The general proposition has not been degree of lethality, but the crime-fighting tool of “tracing” serial numbers to find actual criminals. Differentiating between criminal law and commercial law is a new concept; citation, but no criminal charge.

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