Tuesday, May 6, 2008

Bloomberg’s Disarmament Program Rebuffed!

Bloomberg’s strong-arm crusade to disarm the American populace has run into a major snag. With the passing of the Protection of Lawful Commerce in Arms Act (PLCAA) of 2005, the firearms industry and retailers were supposed to be protected from suits designed to unfairly drive them out of business. Undeterred, Bloomberg went on to sue several retailers and somehow managed to get the case into the court of Jack Weinstein. Using an arcane interpretation of public nuisance laws, Weinstein ruled against the retailers in August, 2007 in a lengthy decision replete with self-citation and anti-Second Amendment rhetoric (sounds like Bloomberg stacked the deck with the venue, no?). The case was appealed, and the Second Circuit Court has struck down Weinstein’s decision (this apparently happens – A LOT!).

NRA-ILA Executive Director Chris W. Cox had this to say:

“The blocking of this bogus lawsuit against America’s firearm industry is an important victory. New York City’s lawsuit was a politically motivated attack by an anti-gun mayor to bankrupt a lawful industry.”

In the decision, Judge Robert J. Miner wrote:

“We think Congress clearly intended to protect from vicarious liability members of the firearms industry who engage in the ‘lawful design, manufacture, marketing, distribution, importation, or sale’ of firearms.”

Unlike Judge Weinstein, at least the appellate court justices are literate! This latest round of the ongoing battle over the Second Amendment begs several questions:

1) Why the myopic focus on firearms? If someone is killed by a drunk driver or in an auto accident – no one tries to sue Ford or Toyota – or the local auto dealership. Yet that seems to be the tactic used when someone is killed or injured by an individual using a firearm, and a LOT more people are killed in motor vehicle accidents than are killed with firearms in this country.

2) When is Bloomberg going to get off of his self indulgent and self appointed high horse? Guns aren’t the problem – the gangs and cycle of poverty ARE the problem. Unfortunately dealing with drugs, gangs, and lack of economic opportunity actually takes real leadership. Scapegoating guns – and therefore people outside the city – is easy.

3) How the heck did Weinstein get to be a judge? Why is he still a judge? It seems to me that the number of cases he has had overturned is matched only by the size of his ego. Neither trait seems optimal for a judge, and his overturn rate is exhibit one for tort reform.

The individual right to keep and bear arms represents an “inconvenient truth” for people interested in finding a scapegoat to expand their power base. It also represents a “clear and present danger” for people who want to rule without the consent of the governed. Bloomberg fits the bill of the first handily, and may even fit the second. As such he shows a clear disrespect of the basic Civil Rights of American citizens and is only concerned about leaving his mark on America – a mark that, if successful, would take decades to correct.

Until next time!

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