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.
‘Terrorists on run; dozens surrender,’ pro-government forces declare
Former FIFA president remains banned from taking part in any football-related activity for 6 years
Greek Appeals Court decides against extradition of 3 alleged Turkish coup plotters seeking asylum
For the first time ever, all 11 Supreme Court judges convened to hear a government challenge against a ruling that Prime Minister Theresa May must seek approval for starting the Brexit process.
Eurogroup has no intention of taking immediate measures following Italian vote, says Jeroen Dijsselbloem
DHKP-C figure Fehriye Erdal, at large since absconding from house arrest in 2006, will be sentenced for triple murder
In October the government notified the United Nations that it would leave the ICC, dealing a major blow to the troubled institution that was set up to try the world's worst crimes.
Medics launch action over 2013 deal with government on pay, conditions
"His role in the development of Russian-Italian relations, even in the hard times in the past few years, is difficult to overestimate," Kremlin spokesman Dmitry Peskov told reporters.
Italian Prime Minister Matteo Renzi's crushing defeat in a constitutional reform referendum cost him his job. What went wrong?
Sirte, on Libya's Mediterranean coast, was the last significant IS-held territory in the north African country.
Far-right candidate Norbert Hofer congratulates independent rival Alexander Van der Bellen over Sunday's polls victory
Instead of sticking to its agreement with Turkey which was to avoid refugee killings, the EP is to spend 6 billion euros to increase security to prevent refugees attempting to sneak into Europe
"We are watching the result in Italy with concern," Steinmeier, who is visiting Greece, told Greek Prime Minister Alexis Tsipras in televised remarks.
A 23-year-old suspect, who was armed with a shotgun, already had a record of violent crime according to police
The Central Electoral Commission said around 88 percent of the 20 million-plus electorate voted in a ballot that ended at 1500 GMT on Sunday.