N.Y. Court: Shooting Victim Can Sue Gunmaker

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.

October 8, 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.

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