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In reply to the discussion: Court Rules N.Y. Shooting Victim Can Sue Gun Maker, Distributor [View all]NickB79
(20,370 posts)Which doesn't look all that clear at this point.
The shooter, Daniel Williams, purchased his gun from gun runner James Bostic, a convicted felon who was apparently buying guns illegally from dealer Charles Brown. It doesn't say if Charles Brown has been arrested and charged with a crime, but he should have been charged with multiple felonies if he was indeed selling to a felon. However, at the time Charles Brown was LEGALLY buying guns from MKS Supply, since he had a valid Federal Firearms License. MKS Supply was LEGALLY buying guns from the manufacturer, Beemiller, for distribution to thousands of gunshops nationwide, and Beemiller was legally manufacturing guns for sale.
It's a pretty easy case to make to sue Bostic and Brown, but legally it falls into a grey zone when you move up to MKS Supply, since they didn't violate any laws. It is the responsibility of the BATF to enforce gun laws, yet they didn't revoke Brown's FFL to sell guns. It pretty much falls apart when you get up to the manufacturer, Beemiller.
And that's even without using the 2005 federal shield law as a defense. I don't see this going very far against the distributor or the manufacturer.