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Landmark Legislation Aimed At Irresponsible Gun Makers
The sponsors of the gun safety pack-age say that by restricting and punishing members of the gun industry, New York’s streets will see significantly less gun violence. “Starting today, if they don’t clean up their act, they’re going to face stiff penalties in courts of law and have to pay compensation to the victims,'' said Brooklyn Councilman David Yassky, the legislation’s main sponsor. Under Yassky’s “Gun Industry Responsibility Act” (GIRA), any victim of gun violence in New York City could sue the gun’s manufacturer or dealer in civil court. Dealers could exempt themselves from liability, how-ever, by taking several common sense precautions. For instance, a dealer would be held liable if they sold more than one gun to the same person within a 30-day period. “By restricting gun dealers to a one-gun per-person per-30 days standard, we will prevent multiple sales by straw purchasers — the most common way guns get into the black market,” Yassky said. “This provision will close the “firearms freeway” of death merchants moving up and down Interstate 95 between Southern states and New York, greatly reducing the flow of illegal guns into our city.” Council member Lew Fidler, who heads the Brooklyn City Council delegation said, “I don’t think hunting is a big sport in Brooklyn, so cracking down on gun manufacturers who market products inappropriately makes a lot of sense to me. If this legislation winds up saving even one life, it was worth it.” Guns used in New York crimes are usually bought in bulk in states with lax gun laws and then resold in the city on the black market, said Yassky, a Democrat and possible opponent in the race to unseat Brooklyn District Attorney Charles Hynes. The new legislation, passed 43-2, aims to discourage that practice by holding liable dealers anywhere in the country who sell more than one gun to the same person within 30 days. Mayor Bloomberg said the legislation would “help immeasurably” in keeping New York City “the safest big city in America” and he would sign it into law. He congratulated the City Council after the votes and said the bill would “help prevent dangerous weapons from being used on our citizens.” A similar bill is pending in the state Legislature in Albany. Firearms dealers and manufacturers can opt not to follow the guidelines, but the legislation would hold them legally responsible if one of their guns resulted in an injury or death in New York. Other aspects of the package include a gun safety provision that increases the fine from $10,000 to $25,000 for anyone using assault weapons. The City Council also voted 43-2 to raise the minimum age for rifle and shotgun permits from 18 to 21. A fourth provision restricts dealers from selling more than one rifle or shotgun to an individual within 90 days. The executive director of New Yorkers Against Gun Violence, Andy Pelosi, said more than 85 percent of guns used in city crimes come from out of state and “too many dealers go ahead and make the sale and too many manufacturers encourage this practice.” “It’s past time for these companies to take responsibility for their lethal product and work to ensure guns land in responsible hands,” Pelosi said. But the president of the New York State Rifle and Pistol Association, Tom King, called the bills “ludicrous” and said it was wrong to hold the gun industry responsible for criminals’ actions. “Are they going to hold GM liable because one of their cars was used in an illegal fashion?” King said. “It’s absolutely misplaced.” King said it was too soon to tell whether lawsuits would be filed fighting the legislation. Council Speaker Gifford Miller, a Manhattan Democrat, had a warning for violators: “You can’t flood our streets with guns and expect to do it without repercussions.”
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