circular firing squad mexican standoff
They're not even properly socially distanced...by New York standards (Shutterstock)
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New York is not done with its circular firing squad on gun control.

The New York nuisance law was crafted after a series of failures of similar such nuisance laws in areas ranging from paint to, yes, guns. Indeed, Congress passed the Protection of Lawful Commerce in Arms Act of 2005, giving gun sellers and manufacturers immunity from liability arising out of the criminal misuse of firearms.

It is political merit — rather than legal merit — that has often propelled New York anti-gun laws. In this latest effort, the state sought to aim big by using an exception under the law if a company “knowingly violated a state or federal statute applicable to the sale or marketing” of firearms. If allowed, the exception would swallow the rule, in a law expressly directed at preempting such nuisance lawsuits.

Cuomo himself made the case against the law by publicly declaring that it was designed “to reinstate public nuisance liability for gun manufacturers.” He declared the New York law as doing precisely what Congress forbade: “The only industry in the United States of America immune from lawsuits are the gun manufacturers, but we will not stand for that any longer.” 

The statement was remarkably moronic in a preemption case, but also showed the contempt not just for the courts but the public at large. Cuomo had no qualms in admitting that the law was a work-around of the federal law because it was more of a political than legal effort.

Now, the courts are likely to deliver another loss for New York and another big win for the Second Amendment.

— Jonathan Turley in New York aims big on gun control — and misses, again

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35 COMMENTS

  1. Cumo is nearly as sick as my troll. Look what someone said about him not long back :

    “This site is in DESPERATE need of a large dose of “brainless-troll-begone”. Mock Man (or whatever [email protected]$$ handle you’re using this minute), don’t go away mad . . . just go away. You are ignorant, stupid, witless, unfunny, uneducated, inept, lacking in ability to engage in ratiocination, ignorant and generally a pain in the @$$ – and most emphatically NOT because you come here and “own the cons”. You haven’t owned anyone since yo’ mama died.”

    https://www.thetruthaboutguns.com/5th-stage-of-grief-democrats-accepting-that-an-assault-weapons-ban-bill-is-doomed-in-the-senate/#comment-4789714

  2. Only industry? Vax makers and social media companies beg to differ.

    Oh, and government its self may as well be considered one of those industries.

    • Slight correction. The government will investigate itself, find itself innocent or that thier actions were lawful all before you can blink. However higher level government officials do have legal immunity for actions taken which is why they can break the law get slapped by the court then do it again.

    • Sometimes ‘they’ enjoy positioning themselves as ‘Society’s Savior’. You know…the ‘Jesus’ psychology? Just kneel, Worship (or you won’t get a fucking penny in the next round of stimulus checks), and do only what the government Lord commands. Otherwise you will sizzle in Hell like a raw piece of juicy Candian bacon in a frying pan, without bond, due process, or any chance of escaping the chains and wrath of a thoroughly corrupted Criminal Justice system.

      • I’ve said in conversations my entire life that the entire Federal income tax structure is ethically wrong, in which D.C. taxes everything and everyone to the hilt, then “redistributes” money back to States and organizations. The system of institutional dependency was fashioned generations ago, and now all the FedGuv needs to do today to get everyone to do its bidding (vaxx/jab mandates, anyone?) is threaten to “remove funding”.

        The Founders intended for these united States to be a federation of independent States with common ideals, not for our nation to be controlled by a single overpowering central Federal government.

        Vampire Squid. Deep State. Shadow Government. However you want to name it, the beast has grown too large.

        • I never understood how a 21 year old national drinking age was connected to highway construction.

        • Haz,

          100%. The Feds collect money from the citizens and businesses of each state, then, threaten to not return that money unless the states comply. This is tyranny. As much as I supported Trump, I was nauseous when he threatened to withhold law-enforcement dollars from sanctuary cities. Although I think those cities were betraying their own citizens, that is up to the locals to avenge and correct.

          Agree, the ‘tax and redistribute’ power the Feds have presumed, stolen, and enforced, has turned the Federal government into a bloated, bulbous, bile-filled, beaureaucrat blob, bleeding its citizens, betraying its Constitution, and metastasizing like a fetid, moldering cancer.

        • Let’s not forget the funds we are being blackmailed over are but a small portion of what was taxed from us, most was kept in Unca Sugar’s pocket.

    • Don’t forget about Big Tobacco. Just wait for the class action lawsuits against the fast food industry and junk food industry by millions of obese Americans. Watch out McDonalds & Frito Lay

    • Did you forget the Too Big To Fail banking and auto industries? I remember when regular people needed bailing out, but Wall Street got almost all the bailing. Oh, sure, they tossed me a couple hundred dollars, but Wall Street got more billions than I could count. Truth be told, I didn’t need the hundreds, but all the little people around the country who had mortgages were still defaulting on loans. That whole deal sucked.

      • That was really stupid. It’s not like the auto factories were going to be torn down, or the workers executed, the only thing on the cusp of change was OWNERSHIP, because the owners had become incompetent, arrogant, and greedy. And sure enough, all those taxpayer dollars went right into the pockets of billionaire investors, accomplishing absolutely nothing except the bold raid of Treasury’s billions.

  3. The illustration at the top of the article is in fact a ‘Mexican Standoff’ not a circular firing squad. I think it’s important to point this out because Mexico gets enough credit for innovation.

  4. Seems logical to me. After all Civil auto and aircraft manufacturers are held responsible for the safety of their products no matter how stupid the users of those products are. There is a difference between the amateur users and race drivers of military pilots who accept the professional risks. All firearms have one DESIGN purpose, and one DESIGN purpose only, and that is to kill. They are NOT designed to injure or wound or deter. They are designed to KILL.

    • We’re still waiting on Boeing to pay for 9/11…

      Guns are not designed to kill, they’re designed to send projectiles out of the barrel and downrange. The vast majority of those projectiles don’t kill anything at all but are used to punch holes in paper or ring a steel gong.

      • If I take my GM SUV out and intentionally run you over with the intent to kill you, is GM responsible? No. But if the brakes fail due to a design or manufacturing defect and I hit you in the cross walk because I can’t stop, yes, it bears a proportionate share of fault. Manufacturers, including gun manufacturers, are liable for defects in design and manufacture that result in injury, but are not liable for intentional misuse of a product. So if the barrel or cylinder has a manufacturing defect that results in an explosion and injury, the gun manufacturer is liable.

    • You have no constitutional right to carry a Boeing 727. I do have a constitutional right to carry as big a gun as I can carry – or to mount it on a chassis so that I can carry it.

    • sir albert hall bozo…You could say the same for a bat, brick, knife, motor vehicle, airplane, etc. It is up to the user of the aforementioned to decide how such inanimate objects are used. In other words if someone comes at you with a knife that would be called the criminal misuse of a knife.

      There was a time when people were ruled by swords. I am sure the oppressed who lived under the sword were happy to have a new way to deal with all the blood and guts of the time. Of course if it would have been left up to your drama queen DESIGNED TO KILL view of guns they would never exist and swords would still be in play today.

      Like other inanimate objects firearms were not designed outright to kill but to acquire and maintain Freedom, etc…As much as you would like it to be firearms are not something on the level of a mad scientist and germ warfare.

      1) The Second Amendment is one thing.

      2) The criminal misuse of firearms, bricks, bats, knives, vehicles, etc. is another thing.

      3) History Confirms Gun Control in any shape, matter or form is a racist and nazi based Thing.

      • There was a good amount of pearl-clutching in the middle ages over the introduction of the crossbow. All of a sudden, Joe Turnip-digger, fresh from the manor and the manure and a couple weeks of training, had the potential to bring down an armored knight on horseback.

        Our self-styled elites have never liked it when something genuinely threatens to level the playing field.

        • The long bow was just as powerful as the crossbow, however it took years of training and physical conditioning to shoot a long bow. Any peasant farmer could shoot a crossbow. The longbow however had a rate of fire several times that of a crossbow. Being professional soldiers the longbowmen were likely much more accurate as well.

        • Le Petomane: Quite true, but long bow men were in short supply due to the lengthy training necessary. 1,000 crossbow men could output 100 long bow men. Fleets of arrows raining down could certainly spoil the day. While the long bow men were credited with saving at Crecy, it was actually a cascading series of blunders on the part of the French that led to their disastrous defeat. Ignorance of the terrain and hubris were the main factors in that massacre

  5. If I were a Gun or Ammo manufacturer I would totally pull out of New York and sell nothing there even to LEO’s !! Maybe after the SCOTUS kicks Cuomo’s nuts in I’d reconsider

  6. Hello, laws change every day and we don’t always have time to keep track of developments. And in order for you to be protected, you need to have a good lawyer who can defend your rights, and I can recommend a professional PaulMankin team to you, they will help solve your problems!

  7. Is anyone aware that New York has banned what everyone calls “carry insurance”?
    Which are not actually insurance products and are not under the control of state insurance commissioners.
    Carry insurance is actually a prepaid legal plan.
    New York announced to the companies that offer these plans that they would face legal problems if they sold them to New York state residents.
    These are all relatively small companies and they all folded rather than face the deep pockets of New York State.
    How about we have some legal action to allow law-abiding citizens to have their legal fees covered if they’re forced to use a firearm in self-defense

    • Docduracoat, I am very aware that NYS has banned “carry insurance”. A prepaid legal plan is a form of insurance.
      It is time for the NRA and the NYSRPA to file suit on this matter.

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