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Judge Weinstein vs Federal Gun Manufacturers' Protection Act

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Judge Jack Weinstein, who once coerced manufacturers of Agent Orange to settle a class action Products Liability suit that he himself later declared was legally defective, has just decided that New York City's lawsuit against gun manufacturers may go forward, despite passage of a federal law this fall that was specifically designed to protect the firearms industry from such suits.

Judge Weinstein decided the federal law didn't apply to New York's nuisance suit. If this view prevails, the law will have become totally sterilized.

Now, I have been critical of federal gun manufacturer protection unless it relies explicitly on the Second and Fourteenth Amendments. [You can find this issue debated, on this forum, here.] But Judge Weinstein's decision is not based on federalist grounds -- it is based on anti-gun grounds, in my opinion. I hope the Second Circuit reverses; otherwise millions will be spent to modify the federal statute to reduce further the interpretive leeway of an anti-gun judge.

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Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


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The Manhattan Insitute's Center for Legal Policy.