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Old July 8, 2021, 10:27 AM   #1
steve4102
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Cuomo Takes on the PLCAA

Cuomo signed legislation allowing people to sue Firearms manufacturers for so called "Gun Violence".

The Legislature allows guns to be considered a public nuisance and opens the floodgates for lawsuits against gun manufacturers.

Here is the News Release.

https://www.governor.ny.gov/news/gov...ng-harmful-gun

Is this a blatant violation of the PLCAA, or does it have leggs?
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Old July 8, 2021, 11:04 AM   #2
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IF it has any legs, it will only stand on them in a NY court. FOR NOW....

Personally, I would ALMOST like to see this go through and stand, but only to teach these arrogant folks about the law of unintended consequences.

There is law that states we (the people) cannot hold politicians personally responsible for the results of the laws they pass. We cannot hold them liable and sue them for damages or harm. All we can to is not re-elect them. (sometimes recall is possible, usually not)

BUT, we also have law that you cannot hold the makers of a product liable for 3rd party criminal acts. AND we have law that specifically says gun makers are not liable for criminal misuse of their product.

IF those laws are "ok to ignore" then why not the ones protecting politicians from the consequences of their stupidity??

I'd love to see Cuomo sued PERSONALLY by everyone harmed due to any law he signed. Not sue the NY govt (and have tax dollars pay the costs) but sue HIM, (and every legislator who voted for it) personally and directly for the harm he has cost.

Its the same logic, as far as I can see.

I do realize no govt could function if that were the case. Just as no business can function if that is the case. Nor can an economy, or a society, in general.

Where does it end? DOES it end?? Why not sue the farmers who grew the food the "bad guy" ate while growing up?? After all, if they didn't grow food and sell it, the bad guy would have starved so he wouldn't be around to commit crimes now...

The ONLY proper place to put the blame for "gun violence" in on the INDIVIDUAL(s) who pull the trigger and commit a crime doing so.

This entire BS concept of chasing blame has to stop, and it should stop right where the blame actually rests, with the person who commits the crime. Not his tailor, or his teacher, or society, or social status, or what "demographic group" they are in.

How about not "defunding" the police dept because some officer(s) screws up, how about personally suing the people who hired them, for the harm they "caused" hiring a screw up???

Think that will work??

I don't, but i'd dearly love to see them have to face the risk...
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Old July 8, 2021, 11:35 AM   #3
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I think the worm may actually be turning. People sick of what is going on in America. The people that wanted to De-fund the Police got what they asked for. Now not wanting to sleep in the bed they made. CNN rating going down hill faster than a freight train and low and behold, it looks like a Republican might actually become Mayor in one of the most liberal cities in the world. (NYC).
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Old July 8, 2021, 11:39 AM   #4
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Not to get into politics but who do you thing is going to be Mayor of NYC
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Old July 8, 2021, 01:54 PM   #5
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Quote:
Originally Posted by steve4102
Not to get into politics but who do you thing is going to be Mayor of NYC
Since you don't want to get into politics, let's not get into politics. Who might get elected mayor of NYC is unrelated to firearms.
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Old July 8, 2021, 02:34 PM   #6
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Originally Posted by Carl
People sick of what is going on in America.
Are they getting sick enough? Cuomo's justification of his action is wrapped in the language of public emergency.

Since March of 2020, we've been able to observe that most of the public tolerates a suspension of rights if the justification is an "emergency". Some part of the public doesn't just acquiesce to the suspension, but will act to stigmatize individual disobedience of the rights suspending authority.

Last edited by zukiphile; July 9, 2021 at 11:50 AM.
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Old July 8, 2021, 03:19 PM   #7
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Suspension of rights and due process is allowed for in an emergency by our govt, However, where we wind up with disagreement and often serious disagreement is WHAT constitutes an emergency enough to warrant suspension of rights and due process, AND how long does that LAST???

when a authorized 30 day state of emergency turns over a year old, without additional authorization from the legislature it gets more than a little old.

In my state, the Governor went to the legislature and got the constitutionally mandated 30 days of executive authority. After that time limit passed, he was supposed to go back to the legislature and ask for more time, if needed.

He never did. He just kept on doing what he felt was right, without following the proper, legal, constitutional process.

As far as I know, no one legally took him to task over that, but I think they absolutely should have.

In the case of NY, how is the Governor going to define an "end point" for the so called emergency? I'm guessing he won't, and won't even bother trying.

My guess is that what ever authority he gets due to the "emergency" he won't willingly give back, Ever.
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Old July 8, 2021, 03:32 PM   #8
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In my state, the governor used the process of a health department order. The legislature moved to limit his authority chronologically under a health department order, and he vetoed it. My governor was taken to court and lost on a couple of issues.

These are all people within the same party, so this isn't a mere partisan divide.
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Old July 8, 2021, 04:43 PM   #9
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I think the worm may actually be turning. People sick of what is going on in America. The people that wanted to De-fund the Police got what they asked for. Now not wanting to sleep in the bed they made.
I hope you are correct but in Minneapolis the shootings and car jackings are way up and the Minneapolis City Council hasn't much changed their attitude toward police and providing any answer to the lawlessness.

Side note. Someone went down the list of the Minneapolis City Council members and opined that not one of them has ever run a business or had a 'real job' where they had to produce goods. They are mostly community activists.

Another note: to clear an intersection that has been blocked off for over a year the Minneapolis Council contracted with another group of community activists to the tune of several hundred thousand dollars to "okay" the clearing of the intersection so there would be no "backlash". The community activists failed, the intersection got blocked again and apparently there's nothing that can be done.

It's like the Council is trying to hire people to do the jobs they were elected and are being paid to do and no one is calling them on it much.

The next election might tell if the situation is hopeless or not.
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Old July 8, 2021, 05:18 PM   #10
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Originally Posted by DaleA
Another note: to clear an intersection that has been blocked off for over a year the Minneapolis Council contracted with another group of community activists to the tune of several hundred thousand dollars to "okay" the clearing of the intersection so there would be no "backlash". The community activists failed, the intersection got blocked again and apparently there's nothing that can be done.
Sounds like a job for the National Guard.
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Old July 9, 2021, 11:44 AM   #11
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The National Guard answers to the Governor. The city council cannot order them to do, or not do, anything.

when it comes to protests, and putting down actual rebellion, the National Guard are the easiest troops to use (from the state level) but aren't always the best choice.

For one thing (and its no minor thing) the guys in the Guard LIVE HERE. And, they have to continue to live here after the protest is over. So, its possible the Guard might have sympathy for the cause, simply because they are, essentially, local people.

Every good despot knows the most efficient and usually effective way to put down rebellion is not to use local troops, but to bring in troops from another area without personal ties to the area where you need them to operate.

Of course that can lead to excess brutality, but it does get the job done.

And it avoids the problem of Sgt Jones's squad "getting lost" so they don't have to burn down the block where his grandmother lives, or Pvt Smith calling his uncle Jimmy and telling him exactly where his unit is going...and when...

Our real, and biggest problem is the result of the democratic nature of our REPUBLIC, since we elect the people to do the job, we really do get the "government we deserve"......

The people who win the popularity contest are not always the best suited to govern, despite their solid belief that they are.
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