Host Jerry Agar had me on this morning to talk about the NYC government’s attempt to impose gun control nationwide (see yesterday’s post for more details and a link to my Times piece). And many thanks to the various bloggers who’ve linked the piece, starting with Glenn Reynolds.
Posts Tagged ‘guns’
NY Times op-ed: city gun-liability law
I’ve got an op-ed in today’s New York Times criticizing the new Gotham law, signed by Mayor Bloomberg last month, which presumes to impose liability for street crime on gun manufacturers and dealers unless they adopt a strict “code of conduct” for their sales nationwide, not just in New York City. I note that it will add impetus to the drive in Congress for a law pre-empting abusive gun lawsuits. The new law “insults the right to democratic self-governance of the 273 million Americans who don’t live in New York City. …The mayor and City Council of New York seem to think they can make laws that bind the rest of the country. That’s an arrogant stance — and when the rest of the country is heard from, it’s apt to be a losing stance as well.” The piece is part of the Times’s new geographically zoned Sunday op-ed program and ran in city but not suburban editions of the paper. (Walter Olson, “The wrong target”, New York Times, Feb. 6). For the other side, here’s the press release and bill description from the measure’s sponsor, Councilman David Yassky, the city council’s press release (PDF), and the bill text. (bumped Sun. evening 2/6) Update Feb. 20: Yassky responds.
Nannyware blocks Overlawyered
About a year ago we printed a reader letter saying that (Symantec) Norton Internet Security was blocking access to our site because, with all our discussion of firearms litigation, we had too much talk about “weapons”. Now Martin Grace is reporting the same problem (Feb. 1).
Update: big-game hunter loses suit against ammo maker
“A big game hunter mauled by a lion within seconds of shooting the charging animal has no claim against a bullet manufacturer for defective design or failure to warn, a federal judge in Minnesota ruled Nov. 18 (Rohwer v. Federal Cartridge Co., D. Minn., No. 03-CV-2872, 11/18/04).” (“Big Game Hunter Fails to Bag Expert Testimony of Defect, Causation”, BNA Product Safety & Liability Reporter, Dec. 20; KeepAndBearArms.com). See Apr. 25-27, 2003.
Gunmakers in the crosshairs
Disarming the U.K.
Scotland: In a multi-point program aimed at reducing knife crime, First Minister Jack McConnell has proposed banning the sale of swords; introducing “a licensing scheme for retailers selling knives”; doubling, to four years, the maximum jail term for possessing an offensive weapon; giving police new powers of search and arrest; and raising the age limit for buying a knife to 18, from the current 16. (“Crackdown targets knife culture”, BBC, Nov. 22). And in Yeovil, Somerset, police “have been accused of heavy handedness after arresting two young boys who were playing with toy guns.” The boys, 11 and 13, were wearing Santa Claus and Frankenstein’s-monster costumes and one of them sang the James Bond theme song as they pretended to shoot each other with the toys while rolling around on the floor at a youth club. “One of the boys was held in a cell for five hours.” (Simon de Bruxelles, “Playing with toy gun puts boy, ll, in a cell”, The Times (UK), Dec. 3).
If it’s Tuesday, it’s time to sue Wal-Mart
From the “Must do more, somehow” column comes this tragedy-spawned lawsuit by a grieving mother following the suicide of her daughter. The daughter was a manic depressive schizophrenic who killed herself with a shotgun she bought from Wal-Mart. The Wal-Mart branch seven miles away had on file her prescription for anti-psychotic medication. The mother wants $25,000,000 from Wal-Mart for failing to prevent the tragedy by reviewing her daughter’s pharmacy records or its own store records (the daughter had assaulted another person at the store where her prescription was on file).
Problem 1 = Federal law prohibits revealing pharmacy records in running firearm background checks.
Problem 2 = Texas law prohibits the publication of mental health records without the patient’s approval.
Problem 3 = How does an attack on a third party result in any evidence that someone is suicidal?
Details are here.
Self-defense in the U.K.
Mark Steyn in the Telegraph:
These days, even as he or she is being clobbered, the more thoughtful British subject is usually keeping an eye (the one that hasn’t been poked out) on potential liability. Four years ago, Shirley Best, proprietor of the Rolander Fashion emporium, whose clients include Zara Phillips, was ironing some clothes when the proverbial two youths showed up. They pressed the hot iron into her flesh, burning her badly, and then stole her watch. “I was frightened to defend myself,” said Miss Best. “I thought if I did anything I would be arrested.” There speaks the modern British crime victim….
The right to protect your family does not derive from any home secretary or chief constable.
(“An Englishman’s Home Is His Dungeon”, Dec. 7). (& letter to the editor, Mar. 15).
Swiss Army knife? “Yer goin’ down, mate”
Steve Chapman on Ill. gun decision
Not only does the Chicago Tribune-based syndicated columnist have an excellent column on last week’s decision throwing out the Chicago gun suit, but he’s even kind enough to quote me and mention this website (Stephen Chapman, “Activism on guns? Judges resist urge”, Nov. 21).