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.
Kremlin spokesman does not comment on Iraqi Kurdish Regional Government's upcoming independence referendum
Alliance for Innovation and Justice (BIG) vice-chairman says he will run Berlin Marathon instead of voting
The rain started on Tuesday, causing a river to flood, local residents told AFP.
Hawija and Shirqat, respectively located in Kirkuk and Saladin provinces, represent ISIL’s last redoubts in N. Iraq
The soldiers were due to depart from Israel at around 3 pm (1200 GMT) and arrive some 18 hours later, said Israeli military spokesman Jonathan Conricus.
May's EU adviser Olly Robbins has informed his counterparts in various European capitals of the offer, the newspaper said, citing unnamed officials briefed on the discussions.
After seven years of negotiation, a controversial free trade deal between the European Union and Canada goes into effect on a provisional basis this Thursday.
The center of the storm came ashore near Yabucoa in southeastern Puerto Rico around 6:15 am (1015 GMT), the forecasters said.
PM Theresa May announces UK will 'stop all defense engagement and training of Burmese military'
The 25-year-old man was detained in Wales late Tuesday under the Terrorism Act
Credit reporting firm reveals more on scope of attack as Massachusetts becomes first state to file lawsuit
Individual displacements hamper record keeping of displacements along Pacific coast, Venezuelan border
Budget airline says it 'messed up' pilots' annual leave
Only regular forces in troubled region will have access to weapons, Sudanese president says
She called Thursday's meeting after Foreign Secretary Boris Johnson set out his own vision of life outside the European Union, prompting a colleague to accuse him of "backseat driving".