In January, Mayor Michael R. Bloomberg signed a bill passed by the City Council making gun makers and dealers liable for crimes perpetrated with their products unless they adopt a "code of conduct" that, among other things, would limit the number of handguns they can sell to one person and require background checks on prospective buyers at gun shows. The strange thing about this new law is that it applies not only to sales within New York City, but also to sales in other states and cities. . . .
When the issue returns in this year's (more pro-gun) Congress, Mr. Bloomberg's new law is likely to serve as a prime exhibit of the case for federal pre-emption on the issue of gun liability. The new city law makes it absolutely clear that anti-gun enclaves intend to inflict their will on other states. Lawmakers from the rest of the country will then, appropriately, move to defend their states' preference through federal legislation.
The mayor and City Council of New York seem to think they can make laws that bind the rest of the country. That's an arrogant stance - and when the rest of the country is heard from, it's apt to be a losing stance as well.
This is classic product liability stupidity. How is a gun maker supposed to control the sales, and especially the usage, of their product? Maybe Bloomberg should create a law that makes car makers liable for the unlawful use of their products. If you drive drunk and kill somebody, sue the manufacturer for selling you the car! That's how much sense this gun law makes.
The fact is our lives are full of items that can be misused as deadly weapons (try hitting someone over the head with a wrench and see what happens). A gun is a tool, it is not in and of itself dangerous unless it is misused.
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