http://www.apbnews.com/newscenter/breakingnews/2000/06/26/gunsuit0626_01.html
N.Y. Lawsuit Targets Gun Makers
Complaint is First Filed by a State Government
June 26, 2000
By Seamus McGraw
NEW YORK (APBnews.com) -- New York state Attorney General Eliot Spitzer believes he has the U.S. gun industry in his cross-hairs, filing a first-of-its-kind lawsuit in state court today charging that gun makers are in violation of the state's nuisance statute.
Spitzer's lawsuit charges nine gun manufacturers -- including Glock, Beretta and Intratec -- as well as three importers and 12 local wholesalers, with creating a public nuisance by pumping large numbers of handguns onto the street, and allowing some to slip into the hands of criminals.
The suit marks the first time that a state has weighed in on a lawsuit against the gun industry. Since 1998, 32 cities and counties, among them New York City, have filed lawsuits against gun manufacturers.
All of those cases accuse the gun makers of negligence.
Seeks reforms, not money
The New York state complaint is unique because it does not accuse the gun manufacturers of being negligent, nor does it seek monetary damages.
Instead, Spitzer is citing a law already on the books in New York, which declares that illegal weapons are a public nuisance.
"We think we have a very strong case here," said Juanita Scarlet, a spokeswoman for the state Attorney General's Office.
The state is asking that the court order the gun makers to change the way they market and distribute the roughly 2 million guns they produce each year.
Negotiations failed
Spitzer had been negotiating with leaders of the gun industry for nearly a year to get them to adopt a code of conduct requiring, among other things, that the industry develop so-called smart guns within three years which can only be fired by their registered owners.
The code also would have prohibited wholesalers from selling weapons at gun shows without first conducting background checks of potential buyers.
The state required the gun makers to accept the terms, or else they would not be eligible to sell their firearms to police departments.
But the negations misfired when only one gun maker, Smith & Wesson, accepted the state's demands. Smith & Wesson is not named in New York's lawsuit.
Response to industry suit
In April, a coalition of leading gun manufacturers sued New York, Connecticut and several municipalities that had tried to place similar restrictions on the gun industry.
That lawsuit, Spitzer said, forced New York to file its own suit.
"For more than a year, we sought to achieve reasonable reforms through negotiations," Spitzer said. "It is now clear that most manufacturers and wholesalers are unwilling to give up the profits they reap from selling guns into the criminal market."
"So, we must now seek a court order to do what any good corporate citizen would have done voluntarily," he said.
Political motive alleged
Bob Delfay, president of the National Shooting Sports Foundation, a trade group representing the gun makers, fired back, charging that Spitzer's lawsuit was politically motivated.
"This suit is not about reducing firearms accidents or crime. It is about Mr. Spitzer using his elected office to further his political career. Mr. Spitzer's lawsuit will not save a single life or prevent a single crime from occurring," Delfay said
"The responsible manufacturers of firearms attempted over the course of the past year to hold meaningful discussions with Mr. Spitzer but with each meeting it became increasingly clear that responsible discussions were not furthering Mr. Spitzer's agenda," Delfay said.
"The suggestion that the American firearms industry produces unsafe products or distributes them negligently is just plain wrong," said Delfay. "We are confident the courts will dismiss this suit," he said.
N.Y. Lawsuit Targets Gun Makers
Complaint is First Filed by a State Government
June 26, 2000
By Seamus McGraw
NEW YORK (APBnews.com) -- New York state Attorney General Eliot Spitzer believes he has the U.S. gun industry in his cross-hairs, filing a first-of-its-kind lawsuit in state court today charging that gun makers are in violation of the state's nuisance statute.
Spitzer's lawsuit charges nine gun manufacturers -- including Glock, Beretta and Intratec -- as well as three importers and 12 local wholesalers, with creating a public nuisance by pumping large numbers of handguns onto the street, and allowing some to slip into the hands of criminals.
The suit marks the first time that a state has weighed in on a lawsuit against the gun industry. Since 1998, 32 cities and counties, among them New York City, have filed lawsuits against gun manufacturers.
All of those cases accuse the gun makers of negligence.
Seeks reforms, not money
The New York state complaint is unique because it does not accuse the gun manufacturers of being negligent, nor does it seek monetary damages.
Instead, Spitzer is citing a law already on the books in New York, which declares that illegal weapons are a public nuisance.
"We think we have a very strong case here," said Juanita Scarlet, a spokeswoman for the state Attorney General's Office.
The state is asking that the court order the gun makers to change the way they market and distribute the roughly 2 million guns they produce each year.
Negotiations failed
Spitzer had been negotiating with leaders of the gun industry for nearly a year to get them to adopt a code of conduct requiring, among other things, that the industry develop so-called smart guns within three years which can only be fired by their registered owners.
The code also would have prohibited wholesalers from selling weapons at gun shows without first conducting background checks of potential buyers.
The state required the gun makers to accept the terms, or else they would not be eligible to sell their firearms to police departments.
But the negations misfired when only one gun maker, Smith & Wesson, accepted the state's demands. Smith & Wesson is not named in New York's lawsuit.
Response to industry suit
In April, a coalition of leading gun manufacturers sued New York, Connecticut and several municipalities that had tried to place similar restrictions on the gun industry.
That lawsuit, Spitzer said, forced New York to file its own suit.
"For more than a year, we sought to achieve reasonable reforms through negotiations," Spitzer said. "It is now clear that most manufacturers and wholesalers are unwilling to give up the profits they reap from selling guns into the criminal market."
"So, we must now seek a court order to do what any good corporate citizen would have done voluntarily," he said.
Political motive alleged
Bob Delfay, president of the National Shooting Sports Foundation, a trade group representing the gun makers, fired back, charging that Spitzer's lawsuit was politically motivated.
"This suit is not about reducing firearms accidents or crime. It is about Mr. Spitzer using his elected office to further his political career. Mr. Spitzer's lawsuit will not save a single life or prevent a single crime from occurring," Delfay said
"The responsible manufacturers of firearms attempted over the course of the past year to hold meaningful discussions with Mr. Spitzer but with each meeting it became increasingly clear that responsible discussions were not furthering Mr. Spitzer's agenda," Delfay said.
"The suggestion that the American firearms industry produces unsafe products or distributes them negligently is just plain wrong," said Delfay. "We are confident the courts will dismiss this suit," he said.