World Bulletin/News Desk
A Buffalo man who was shot nearly a decade ago can sue the manufacturer, the distributor and the dealer of the semi-automatic pistol used to shoot him, a New York state appeals court ruled on Friday.
Attorneys for Daniel Williams, who was shot in 2003 when he was in high school, argued that Ohio-based manufacturer Beemiller and the distributor, MKS Supply, violated federal law by knowingly supplying guns to irresponsible dealers.
The defendants said they cannot be sued because of the federal Protection of Lawful Commerce in Arms Act, a 2005 law that shields firearm manufacturers and sellers from liability for harm caused by the criminal misuse of their non-defective products.
A unanimous panel of the Appellate Division, Fourth Department, on Friday reversed a 2011 ruling that threw out the case against the defendants - Beemiller, MKS Supply and gun dealer Charles Brown, who sold the guns to James Bostic, a Buffalo resident accused of running a trafficking scheme that funneled guns into the black market in New York.
The decision reinstates the case.
The Brady Center to Prevent Gun Violence, which is representing Williams, claims Bostic is a convicted felon and is barred from purchasing guns, according to the ruling.
The center said Bostic traveled to Ohio, which does not require a license to buy a gun, to procure a large numbers of handguns, including the pistol used to shoot Williams, the ruling said.
"Although the complaint does not specify the statutes allegedly violated (by the defendants), it sufficiently alleges facts supporting a finding that defendants knowingly violated federal gun laws," Justice Erin Peradotto wrote for the court.
Jeffrey Malsch, a lawyer for MKS, said he is reviewing the decision.
"We believe (the lower court's ruling) was a courageous and legally correct decision, but the Fourth Department was unwilling to follow his well reasoned opinion," he said. "Whether we appeal or not, we are confident that ultimately the facts will contradict the baseless allegations in the complaint and the case will be dismissed."
Attorneys for Williams and the remaining defendants did not immediately return requests for comment.
Comprehensive dialogue hailed as promising long-term solutions to political tensions, but format is criticized
Heavy rains have deluged Zimbabwe in recent days, causing floods and killing people who attempted to cross rivers that had burst their banks.
The former National Security Agency contractor shook the American intelligence establishment to its core in 2013 with a series of devastating leaks on mass surveillance in the US and around the world.
Four other Palestinians wounded as Israeli police conduct demolition raid in the Negev desert village of Um Al Hiran.
A Nigerian air strike mistakenly bombed a camp for displaced people, killing at least 52 people and injuring many more.
Extreme weather ruins small fishing boats which saved many lives during 2015 refugee crisis
Ex-army analyst to be released from military prison May 17; was sentenced to 35 years in jail in 2013
The bilateral agreement is being dubbed “a first of its kind.” and follows the signing of an agreement by Latvia last week
Antonio Tajani will replace German Social Democratic politician Martin Schulz
A French-led military intervention that started in January 2013 helped Mali drive out rebels, but rebels remain active across large parts of the region
“Kosovo is a sovereign, independent country and we respect the right of Kosovo to manage who and what crosses its borders”, the online declaration says.
Fear of neighbouring Russia is leading many Estonians to volunteer as paramilitaries, giving up weekends for training
The move was lambasted as a "deliberate provocation" by Kosovo's President Hashim Thaci, who suggested it was part of a plan to annex the Serb-populated north of his country.
59 lawmakers from both the House of Representatives -- all Democrats -- will boycott Trump's swearing-in
Russian leader slams what he calls fabrications used to smear US president-elect
Inmates climbed on the roof and set up barriers of furniture in a northeastern jail inhabited by warring rival drug gangs.