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.
Ethiopia election comes to an end; vote counting starts across the country's regions.
E.U. made the request to Algeria, Morocco and Tunisia in order to monitor the movement of boats transferring illegal migrants
Polish President Bronislaw Komorowski conceded defeat in Sunday's presidential election to conservative challenger Andrzej Duda.
Jailed opposition leader Leopoldo Lopez said he is beginning a hunger strike and called for a mass anti-government protest
Nobel-winning Mathematician John Nash who inspired "A Beautiful Mind" killed in auto accident
Abu Marzouq succeeded Mohamed Nasr, who was responsible for the file before
Ash Carter said that Iraqi forces lacked will to fight ISIL, if they need to change the kinds of support they will give.
An oil official said the ship was actually a tanker which had been carrying 25,000 tonnes of gasoil.
Authorities in Cleveland say protesters became more “aggressive” throughout the day after a judge acquitted officer on charges in the deaths of Timothy Russell and Malissa Williams.
It complained of not getting any assistance from UNHCR or others
Italy coast guard rescues 70 Afghan, Iraqi migrants from crowded boat
Burundi opposition to suspend dialogue with the government after politician's killing
Egypt's official news agency has reported that the Rafah crossing will be opened in the direction of Egypt-to-Gaza only on Tuesday and Wednesday
UN chief condemned the killing by unidentified gunmen late on Saturday of Zedi Feruzi, the head of the UPD party.
The plan would include a "constitutional amendment" which would allow the rival Tobruk-based parliament to take part in overseeing the work of a possible national consensus government.
"If elected, we will work hard to improve this and work to build the capacity of the youth," Ethiopia PM said.