Bloomberg Anti-Gun Suit Suffers a Blow

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

Mayor Bloomberg’s anti-gun crusade suffered a defeat yesterday when a federal appellate court rebuffed his attempt to sue manufacturers of firearms.

The suit, which Mayor Giuliani initiated in 2000 and Mr. Bloomberg has pursued since taking office, claimed that manufacturers such as Beretta, Browning, Glock, and others were indirectly contributing to gun violence in New York City by not regulating how their products were sold. The city had sought a court order requiring the companies to take a variety of steps to monitor gun shows and discourage the sale of more than a single gun at a time to a purchaser. The city claimed that by not policing how guns were sold, the manufacturers were violating a state statute against being a “criminal nuisance.”

In a 2-1 decision, the 2nd Circuit U.S. Court of Appeals yesterday said that the city’s suit against the gun manufacturers was precluded by a federal law, the Protection of Lawful Commerce in Arms Act, that went into effect in 2005 and protects firearm manufacturers and distributors from being sued for the misuse of a firearm.

In addition to the manufacturers, Mr. Bloomberg is suing several out-of-state gun stores and pawn shops that the city claims are responsible for selling a disproportionate number of the firearms recovered in crimes in New York City. The first of those trials is scheduled to begin this month.

Judges Roger Miner and Jose Cabranes were in the majority. Judge Robert Katzmann dissented, writing that a lawsuit brought under the “criminal nuisance” statute might be allowed under an exception to the Protection of Lawful Commerce in Arms Act.


The New York Sun

© 2025 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  create a free account

or
By continuing you agree to our Privacy Policy and Terms of Use