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January 06, 2005NYC SchmucksThe City Council of New York City has decided that even though courts have ruled against all sorts of lawsuits holding gun makers and dealers responsible for the actions of mutants, THEY are going to pass a law holding out of state (!) gun dealers liable if they sell someone too many guns. From AP/Yahoo:
I'm trying to figure out how this inane legislation would work. Let's use a hypothetical example. Some gun dealer in Virginia (or it could be anywhere) sells someone two or 3 handguns. There's nothing illegal about this in Virginia (as far as I know). The dealer has broken no federal or state laws. The guy who bought the guns takes them to NYC and sells them illegally. How is the original gun dealer liable? What possible civil case could be brought against him by the City of New York? Does the City Council really think they now have the power to regulate out-of-state businesses? I'm not a lawyer (but I play one on TV) but I can't see how something like this would fly in court. Maybe some of you can. Enlighten me... Comments
One argument used by anti-gunowner advocates is that "one gun a month" is "reasonable." Another is that "one gun a month" won't affect hunters much because it's "only" handuns. Yet this article shows these claims as the lies they are: "Another measure, which passed 41-4, restricts dealers from selling more than one rifle or shotgun to an individual within 90 days." Rifles and shotguns, and one every THREE months. Posted by: Jay at January 6, 2005 08:25 AMWhat I don't get is why these nuts can't be sued for wasting taxpayer money when they make nonsense like this? Bloomberg's not a Republican folks. Well, he is, but he isn't. He is a life long liberal democrat who couldn't win his parties nomination and so he ran as a Republican (they didn't have anyone running because they are historically so weak in NYC - Rudy excepted) and then played his two democrat opponents against each other. Seriously, he switched parties when it was obvious he wouldn't even come in the top two of the democrat primary. As for this plan . . . it won't work. Out of state gun dealers don't have sufficent contacts (or any contacts for that matter) for NYC to assert jurisdiction over them. Its a good publicity ploy for the mayor or what ever idiot pinko proposed it, but its pretty much DOA in court. Basic first week of law school stuff. Of course, if the gun dealer started advertising in New York and sought to attract New York customers thats a different story. But, since its illegal to sell a handgun to an out of state resident, an Congress has pretty much occupied the field on this issue, NYC isn't going to get anywhere with this. Posted by: countertop at January 6, 2005 07:50 PMWell, obviously Bloomberg is just setting up legislation to be used when there's a geological event that moves Virginia within the jurisdiction of NYC (or at least a hunk of it with a few gun dealers attached). It's a pragmatic attempt to wisely take advantage of what would have to be a global cataclysm on the scale of the meteor that killed the dinosaurs. I'm surprised you don't recognize grand strategy when you see it. Posted by: Demosophist at January 7, 2005 08:44 AMAs I read this I keep thinking "Half past Claire Wolfe". But then that brings up a whole bunch of other questions. In this case I'm particularily interested in answers to questions 6 and 15. However it does answer questions 4, 17, and 21 rather well. Posted by: Joe Huffman at January 7, 2005 12:10 PMPsuedo-trackback: It's Up To You, New York Well, here's my theory. The schmucks sieze the guns of some poor sod who was only defending himself. They trace one of the guns to an out-of-state dealer, and somehow figure out that the dealer sold it, and at least one other gun, to the same person within the 30 days. So they file in their own civil court. Now, the dealer faces the financial burden of having to show up in NY City to fight the suit (despite its being illegitimate, but that's sort of beside the point for this conjecture). Because it's a civil matter, if the dealer doesn't show up, the court will automatically find against it. Since it's NYC, the court will probably find against the dealer anyway. In a civil matter, the remedy will be some amount of monetary damages. If the dealer doesn't pay, the court can put a lien on the business and damage the owner that way, or extort the payment of the fines. It's all about leverage, Jeff. That's the big hammer that government has over all of us. Many don't have the resources to fight the govt. in court. What will the reaction of dealers in neighboring state be? If any of them decide they can't take the risk of a successful suit, or afford to fight it, and take steps to limit their sales, then NYC wins. "When the government fears the people, there is freedom. When the people fear the government, there is tyranny." Wish I could remember who wrote that. Posted by: jed at January 7, 2005 04:00 PMBy the way, my using Virginia as an example was a bad one -- I just looked up various state laws to see where I might move to if I really get sick and tired of cold and snow -- and Virginia only allows one handgun purchase per month. So substitute some other state without such a requirement for the purposes of my hypothetical argument... Posted by: Jeff Soyer at January 9, 2005 05:25 PMthe comment input form disappears. Your comments are welcome. You don't need to enter a URL and you don't need a "valid" email address, either. Note though that MT Blacklist is installed to flag suspiciously spam-like strings. Unfortunately, because of the bastard spammers, the strings "google.com" and "yahoo.com" (even in your email address) are currently banned as well. So are strings such as "cialis" (a common spam) which rules out words such as "socialism". 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