N.Y. Takes Aim
State Sues Gunmakers, Citing �Condition of Danger�
The State of New York is the first state to sue the firearms industry. They claim gun
manufacturers and wholesalers created "a condition of danger." (Liana J. Cooper/AP
Photo)
By Samuel Maull
The Associated Press
N E W Y O R K, June 26 � The state of New York filed suit today claiming gun
manufacturers and wholesalers created �a condition of danger,� becoming the first
state to sue the firearms industry.
The state will ask that a court abate a dangerous public nuisance, New York
Attorney General Eliot Spitzer said at a news conference.
Thirty-two cities and counties around the country, including New York City, have
filed suits against the industry. Many of those actions were filed as negligence
claims.
New York�s suit, however, takes advantage of a state law that says illegal guns
are a public nuisance. It was filed in State Supreme Court, a trial-level court in New
York.
�We have to show that in their pursuit of profits, they created and maintained a
condition of danger in our state,� Spitzer said.
Code of Conduct
More than a year ago, Spitzer began talks aimed at persuading gun makers to adopt a
code of conduct and change manufacturing and distributing practices to prevent the
flow of weapons to criminals.
The code asked gun makers to install gun locks on all firearms they sell,
introduce �smart gun� technology within three years and prohibit the sale of weapons
at gun shows without background checks.
In March, the nation�s largest maker of handguns, Smith & Wesson, agreed to adopt
the code of conduct. It was not named in the New York state suit.
In April, several other large gun companies sued Connecticut, New York and 16
local governments over their bid to have law enforcement agencies buy guns only from
manufacturers that upheld the code of conduct. In May, the gun industry ended
negotiations that had been aimed at settling the local-government suits.
Spitzer said the suit by the industry prompted his action.
Among the manufacturers named in the New York lawsuit are Glock, Beretta U.S.A.,
Colt�s Manufacturing Co., Taurus, Ruger & Co. and Inratec.
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