New York continues gun shop attack

http://www.postandcourier.com/news/2011/may/10/ny-continues-gun-shop-attack/

New York City's legal fight against Southern state gun sellers -- including one in Summerville -- is continuing after a federal appeals court this month upheld a default judgment against two of the retailers.

Mickalis Pawn Shop was one of the operations covered by the ruling and part of a years-old legal fight sparked by Mayor Michael Bloomberg's contention that loose gun sales in 15 states flooded weapons onto New York streets.

Last week, the U.S. 2nd Circuit Court of Appeals in Manhattan upheld the judgment against the stores, agreeing they'd defaulted in their defense to Bloomberg's civil suit.

But the court also said wording that set up a "Special Master" to monitor sales at those stores was overly broad, ordering a re-write.

<more>

sic 'em

yup

The guy didn't keep adequate records and was punished, but why is the MAYOR of New York involved in this? It is just strange.

I mean if we aren't going to be allowed to govern ourselves because it might tangentially effect New York, we might aswell formalize this system. Because I really LOVE the idea of a offical I never had the opportunity to vote for telling me what my state laws should be through the court.

I don't care what best of intentions he might have, it isn't any of his damn business. If he wants to keep guns out of New York pass laws banning guns and confiscate them at state lines, good luck with that.

Wait what?

Where the rich, the famous and celebrities get to own firearms but the average citizen has to jump through an obstacle course.


Yup, that's just what the founders had in mind when they wrote the Second Amendment. The rich and privileged would be able to own and carry firearms but the average citizen would not.

He knew damned well he was making illegitimate sales, and was indirectly responsible for any number of gun murders in NYC.

Saying "the guy didn't keep adequate records and was punished" would apply in the same way to Al Capone.

She wanted to stop the NYC gun murders

yup

:D

You and God don't care about murders, just where a gun is used.

Is this not a classic example of where the commerce clause
Should be enforced ??

Bloomberg ESPECIALLY has no right to demand monitoring in conflict with the state's own gun laws. He is free to run for South Carolina state senate, but until then it isn't really his business what South Carolina's local gun laws are.

since he is still in business and not in prison, sorry don't buy it.

Not a lawyer and was not following the issue at the time. Anyone have any clues? Without a nexus in NYC, why was Bloomie able to force a NY venue for this?

Also wonder why the NYC investigators who committed felonies in the process of their investigations were not prosecuted on a Federal level.

From a 2006 Blog:

"Leave it to the gun lobby to say one thing while reality clearly shows another. Bloomberg isn’t about shutting down gun dealers who don’t break the law. In fact, he isn’t even about shutting down gun dealers who do break the law. His aim is to keep guns out of his city, and to keep his citizens safe. When all of the guns there come from states like Pennsylvania and Virginia, it’s clear he’s doing exactly the right thing by applying pressure to these gun dealers and fixing them with tighter monitoring and more regulation."

http://www.gunguys.com/?p=1724
GunGuys seeks to inform, engage and persuade fellow Americans to change the way we look at guns, and gun culture.

_________________


One of the stores Bloomberg's after is near me. I've been in there to get my concealed carry machete sharpened, and this store clearly panders to customers' baser instincts.

http://www.nssfblog.com/opinion-should-put-an-end-to-judges-15-years-of-attacks-on-firearms-industry/ The legal opinion is also linked and is an interesting read.

Hope the suit has made him be more careful how -- and to whom -- he sells guns.

If he wasn't following Federal law, the BATF can and should deal with him, not a judge in NYS.

The key issue here was standing...and he lost repeatedly on that topic. That is what bothers me. The Federal rules are pretty clear so why he lost and the NY Federal court was considered the proper forum is something I really want to understand. The appellate court said it had standing, but never why. I may ask one of my colleagues who is also a lawyer to see what he knows/can find out. We do not have a law school on campus.

by giving false information to the dealer and on the ATF form 4473. Where is the evidence that the dealer knew he was allowing a straw purchase? Since the ATF did not prosecute there is none unless Bloomburg is obstructing justice by not giving ATF the video tapes, unedited.
Was this before Bloomburg took lessons from James O'Keefe?

the list of celebrities who have NYC CCWs include Don Imus, complete with cocaine and alcohol addiction.