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N.Y. Court: Shooting Victim Can Sue Gunmaker

October 09, 2012  | 

A former high school athlete who was shot in 2003 may sue the companies that made and distributed the handgun used in the crime under an appellate court ruling that gun control advocates say will keep irresponsible gun makers and sellers from taking advantage of a federal law shielding them from lawsuits.

The ruling by the Appellate Division of the New York State Supreme Court reversed a lower court's 2011 dismissal of victim Daniel Williams' complaint, which accused Ohio gun maker Hi-Point and distributor MKS Supply Inc. of Ohio of intentionally supplying handguns to irresponsible dealers because they profited from sales to the criminal gun market.

The appellate panel said the Buffalo man's lawsuit should have been allowed to move forward because Williams' claims fall within exceptions contained in the Protection of Lawful Commerce in Arms Act, a 2005 federal law shielding gun makers from lawsuits over criminal use of their products.

Read the full Associated Press story.

Tags: Gun Control Advocacy, Lawsuits, Hi-Point


Comments (19)

Displaying 1 - 19 of 19

Frank @ 10/9/2012 5:22 PM

Huh? Ohio gun maker Hi-Point and distributor MKS Supply Inc. of Ohio of intentionally supplying handguns to irresponsible dealers because they profited from sales to the criminal gun market.

I hope this type of statement applies to auto manufactures too. Sure everyone knows who the irresponsible dealers are their listed in the Yellow Pages. So go after the BATF&E too New York for not dealing with irresponsible dealers.Figures the article is from Bloomberg Land.
We are living in Whiney USA, everyone has a issue with everything that is said and done in this country these days. It's an insane mad world we live in.

RICHARD @ 10/9/2012 5:58 PM

THAN THAT MUST MEAN YOU CAN SUE CAR MANUFACTURES WHEN YOUR STRUCK BY A CAR.

Jack Betz @ 10/9/2012 6:18 PM

This has been thrown out more than once in the past on the grounds that if we hold manufactuers responsable for the acts of their customers we will put them all ot of business

Bob@Az. @ 10/9/2012 6:58 PM

More BS from newyocalifornia. Can wait for my lawsuit against Schwinn bicycles comes through!! It's their fault not telling me that riding at night with no lights could be dangerous. And my cousin can sue Chevy for what happened in the back seat of that Impala! This state is so f**ked up it's amazing. Don't forget to sue the BATF/FBI for failure to catch the bogus background checks on the strawman buyer. Blues, stay safe.

Jason Barnes @ 10/9/2012 7:21 PM

We should also hold airplane manufacturers liable every time a pilot screws up big time. And motorcycle companies should be liable when a bike rider drives like an idiot.

Fed Cop @ 10/10/2012 6:54 AM

I hope this goes through. If it does, I'm suing Trojans for intentionally supplying condoms to irresponsible drug stores. Ya, that's it, that's the ticket!

TJ @ 10/10/2012 7:02 AM

Is the Appellate Court on something? Where is the common sense in this. What a crock.

Rick @ 10/10/2012 8:32 AM

So this must mean that because of the drunk driver that hit me, I can sue Mazda, Budweiser, the golf course that served him the alcohol and the contractor that built the golf course Clubhouse. This is just another attempt to punish gun manufacturers by the liberals and ban guns altogether.

Steve @ 10/10/2012 8:41 AM

Don't forget we're dealing with scum sucking attorneys (judges) keeping their scum sucking buddies (defense attorneys) in business...as they may need the favor returned some day. This country will continue to go downhill while attorney's are allowed to be law makers. The arrogant jerks don't care. It's only affecting them in a POSITIVE=$$$ way. TJ "common sense" will soon be taken out of the dictionary because no one will know what it is!!!

oldcop @ 10/10/2012 9:50 AM

I'm sorry but that is like sueing the car manufacturer for making a car that a drunk drove and killed someone. You think a car salesman wouldn't sell a car to somebody that is suspended for a DUI think again.

John @ 10/10/2012 5:07 PM

I agree with Steve. The trial lawyers, liberal judges and law makers are destroying our country. Alot of people complain about American companies sending jobs overseas. Hell, I don't blame Amercian companies who have to deal with frivolous law suits, government over regulation, ridiculous saftety rules and environmental laws written for tree huggers. Hi-Point should consider relocating out of country. It is sad that the United States of Amercia is quickly becoming a mininum wage service industry, politically correct, muslim/illegal immigrant loving, third world sh*thole anyway.

Frank @ 10/11/2012 10:18 AM

Well it looks like we are all on the same page with this issue. I must admit you guys write some pretty funny comments here. Only in America could this happen! I yearn for the logical peaceful years,where people still had a thick skin with a sense of humor.

Don W @ 10/11/2012 10:33 AM

Well, hell, sue the makers of the ink used in printing the twenty bucks that was used to pay the hooker that gave you the clap.!!!

9r23 @ 10/12/2012 10:59 AM

I'm suing spoon manufacturers for my gut.

AZBIGDOG @ 10/13/2012 7:45 AM

I tink I will sue food manufacturers for making me overweight. And the shoe manufacturers that provide athletic shoes for all the aches and pains from running in their shoes.

Michael @ 10/15/2012 4:08 AM

Actually, I like the idea of suing car manufacturers and dealers under the same circumstances. I deal with unlicensed, uninsured and reckless drivers regularly, most of whom bought their cars from the same irresponsible dealers in my area who continue the "used car salesman" stereotype.

Greg @ 10/15/2012 4:40 AM

You can sell a car to a 10 year old. You can sell a car to a habitual drunk driver with no license . You can sell a car to a blind man.

The buyer of the car cannot legally drive it on the public roads. They can drive it on public property legally...heck, they can drive 100 mph on private land with no problem...it's nobody's business what they do with it on private property (thing drag race tracks...no speeding tickets in NASCAR).

Just typical scum lawyers and judges trying to achieve what can't be done by law...they'll do it by judicial fiat.

Why not sue a mother when her son rapes a girl? If she raised him right, he wouldn't be a rapist.

Jeff @ 11/12/2012 7:01 PM

This suit won't stand and the shister lawyers that brought it will be sent empty handed to chase another ambulance .

Mike @ 12/6/2012 4:40 PM

Does this mean we can sue politicians for raising taxes? Or voting contrary to the position they campaigned on?

How about we sue the judges for ignorance. (Actually, I forgot that judges are lawyers. They are just keeping their kind employed)

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