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New York is attempting to circumvent the Protection of Lawful Commerce in Arms Act

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  • TacticalEnthusiast

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    A constant thorn in the side of those who wish to sue the firearms industry into non-existence is the Protection of Lawful Commerce in Arms Act, which rightfully provides immunity from legal action against arms and ammunition manufacturers who's products are criminally misused.

    Well, the Dem-controlled New York State Legislature recently passed a bill that would allow them to exploit a loophole in this Act by going after the marketing practices of firearms manufacturers.

    Their argument is that they can tie the "public nuisance" caused by a firearm or ammo manufacturer's products being smuggled into New York and used illegally by blaming their marketing, opening those companies up to lawsuits.

    Leave it to the Dems to try and find a way to deflect the criminal act itself by any means necessary.

    Not to mention, there would be literally no corrective actions a manufacturer could employ to counter this legislation, since they can't control how their products are used after they enter commerce.

    In short, it's a pretty greasy bill.
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    Axxe55

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    Not to sound uncaring, but it is New York, and they have been attempting to do that for some years, and at some point, it's quite possible that they will get the law passed in some measure.

    Maybe at some point, the gun manufacturers will wake up and realize that New York isn't friendly to guns, gun manufacturers, or gun owners and stop making them there, and stop allowing their guns to be shipped and sold in New York.
     
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    Axxe55

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    So, people in New York shouldn't be able to buy guns?

    It's really kind of tricky situation. Most of the gun laws, that restrict gun owners in New York are driven by the people living in the greater populated cities of New York. New York has constantly shown for decades their disdain for guns and law abiding gun owners. New York has attempted several times to pass laws that penalized gun manufacturers, laying the blame for what criminals do at their doorstep.

    It's not that people in New York shouldn't be allowed to buy guns, but my thought process is such measures like this might require drastic action on the part of the gun manufacturers to show disapproval of these measures and further restrictions being place upon them. And honestly, I don't even think that would be of any hope of changing things either.
     

    Axxe55

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    Escaping New York might be better for them!

    I suspect that might be only solution left anymore. Pretty much the same for California as well. I just don't think there is any chance of turning things around in either state for law-abiding gun owners anymore.

    In both states the majority of the political power is derived from the heavier populated cities of those states. It would take something really drastic to change the political movement in either to change the direction of gun laws there. I just don't see that happening.
     

    Axxe55

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    NO!! Make them stay, they created the mess let them live (or die) with it. Besides, they may come here and we don't want anymore yankee carpetbaggers.

    That is not entirely true at all. Most of the politics and the political power is dictated by the heavier populated cities in states like New York and California. If you get out in the much more rural areas of both states, the politics change drastically. The voters the Democrats pander to and finesse live in very urban areas of those states.
     

    billtool

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    Yet there are still gun manufacturers in New York! Talk about some really delusional tards in that state! But neckbeards have to come from somewhere!
    Henry and Kimber should bail. Lord knows Remington ran its race in NY. These orgs should look to Barrett as the gold standard of breaking the chokehold. Heck- they won’t sell a gun to the State of Commiefornia.
     

    Axxe55

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    Henry and Kimber should bail. Lord knows Remington ran its race in NY. These orgs should look to Barrett as the gold standard of breaking the chokehold. Heck- they won’t sell a gun to the State of Commiefornia.

    Kimber doesn't make any sense to me. They still have a manufacturing plant in New York, but had several years ago moved some of their operations to Montana. I don't understand why they didn't move all of it to Montana at that time.
     

    Renegade

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    Gun companies should have stopped doing stupid marketing a long time ago.

    Their argument is that they can tie the "public nuisance" caused by a firearm or ammo manufacturer's products being smuggled into New York and used illegally by blaming their marketing, opening those companies up to lawsuits.

    Not to mention, there would be literally no corrective actions a manufacturer could employ to counter this legislation, since they can't control how their products are used after they enter commerce.

    You counter it by not having stupid marketing. Market by showing the guns used in a safe way by ordinary people.
     

    cycleguy2300

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    So, people in New York shouldn't be able to buy guns?
    When your leg has gangrene, you don't save the leg because your pinky toe is still good...

    These laws and tactics are unjust, but they made the choices that got them there, just like the citizens in Travis county... if the good don't counter-act, they are as tacitly approving of such behavior.

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    Axxe55

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    When your leg has gangrene, you don't save the leg because your pinky toe is still good...

    These laws and tactics are unjust, but they made the choices that got them there, just like the citizens in Travis county... if the good don't counter-act, they are as tacitly approving of such behavior.

    Sent from your mom's house using Tapatalk

    Sad, but true. In many cases, the honest law-abiding citizens pay the price, simply because they are out-numbered by the dishonest.

    They have in many ways become the collateral damage from the further gun control laws and further restrictions on their gun rights.

    I sympathize with their situation, but honestly other than that, there really isn't much I can do to support their cause.
     

    TacticalEnthusiast

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    Not to sound uncaring, but it is New York, and they have been attempting to do that for some years, and at some point, it's quite possible that they will get the law passed in some measure.

    Maybe at some point, the gun manufacturers will wake up and realize that New York isn't friendly to guns, gun manufacturers, or gun owners and stop making them there, and stop allowing their guns to be shipped and sold in New York.

    Sir, I don't disagree at all, and normally I wouldn't bother bringing up non-Federal, non-Texas firearms legislation issues on a Texas-focused forum.

    However, as I pointed out in my initial post, the NY Dems want to use this legislation as a tool to sue literally any manufacturer who's arms are trafficked into the state, which is already blatantly illegal under NY law.

    There's virtually no preventative action that gun manufacturers could undertake to combat this outside of responding to legal action, and if it stands up to Federal scrutiny -- which it might not if a suite goes to the Supreme Court -- it will embolden other Commie Lefty states to take similar action.

    If at the very least all it ends up doing is leading to all FFLs in New York losing their ability to stock weapons for their customers, it would also be a hard de facto violation of their populace's 2nd Amendment rights, but it goes without saying that NY is no stranger to similar violations.

    I just feel it's a bit short-sighted to think "it's a problem just for New York" when legislation like this has the potential to affect all gun manufacturers.
     

    Glenn B

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    NO!! Make them stay, they created the mess let them live (or die) with it. Besides, they may come here and we don't want anymore yankee carpetbaggers.
    So you are saying that the gun owners in NY created the problem of the demoncrats trying to screw the gun manufacturers - is that it? Nonsense if that is it. Also, no matter what you think, yankees, by definition, are not from NY but only from NY England states; not thatr there are not a lot of liberal arsehats in NY, they are well entrenched but then too there are many conservative & libertarian gun owners there as well.
     

    Glenn B

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    Kimber doesn't make any sense to me. They still have a manufacturing plant in New York, but had several years ago moved some of their operations to Montana. I don't understand why they didn't move all of it to Montana at that time.
    Although started in Brooklyn, NY, Henry has not been located in NY for years now. They are in Wisconsin & NJ. Always had hopes that companies like Henry, Kimber and Remington would help turn the tide in NY but no such luck.

     
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