"UNDER THE GUN"

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CITY'S FIREARMS SUIT STILL "UNDER THE GUN"

By KATI CORNELL

September 22, 2007 -- Gunmakers asked a federal appeals court to shoot down a city lawsuit that seeks to hold manufacturers and retailers responsible for allowing firearms to fall into the hands of criminals.

"In reality, the criminals are the ones who cause that problem," Michael Rice, a lawyer for the gun group, argued yesterday.

The gunmakers are appealing a 2005 ruling by Brooklyn federal Judge Jack Weinstein that allowed the case to go forward, despite a new law approved by Congress that same year that drastically limited the ability of cities to hold manufacturers responsible for crime.

giulianiSweats.jpg

Arguments on the city's lawsuit, which was originally filed while Rudolph Giuliani was mayor, were heard on the same day that Giuliani made a pitch to the NRA to back his presidential campaign.(*)

Corporation Counsel Michael Cardozo asked the appeals court judges to scrap the 2005 federal law, but claimed the lawsuit can still go forward under a state public-nuisance legislation.

The appeals court judges reserved decision in the case.

Lawrence Keane, a lawyer for the gunmakers, said that holding manufacturers responsible is "like blaming GM for drunk driving accidents."

(*)=bold added
 
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