New York City Streets: Guns Don't Kill People...
U.S. Court of Appeals for the Second Circuit: City of New York v. Beretta U.S.A. Corp.
The City of New York cannot hold gun manufacturers liable for illegal guns that find their way into criminal hands. NYC filed suit under its Public Nuisance Law. It claimed gun suppliers failed to monitor gun shows and private sellers, did not do appropriate background checks or keep records and were generally irresponsible. The result: illegal guns in the hands of bad guys, a major public nuisance. While sympathetic to the problem, the court dismissed the case because an act of Congress had already insulated Smith & Wesson and other gun makers from liability for acts committed by criminals using guns they manufactured. In this duel, the City’s Public Nuisance Law was no match for the bigger guns of Congress. Apparently, their aim was true and gun manufacturers are protected from civil suits for what criminals do with their products.
