Buffalo, NY (WBEN) Legal analysts asay Buffalo's lawsuit against the firearms industry has a chance of succeeding based on similar lawsuits filed by other jurisdictions.
Mayor Byron Brown Tuesday announced the lawsuit against firearms manufacturers and distributors, saying their actions contributed to the city's gun violence crisis.
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Attorney Terry Connors says Brown is following a tradition that other states have tried to limit gun violence by regulating the gun industry. "Some have been very successful in accomplishing that goal, at least in achieving some type of changes, some types of accommodations and doing things that will protect the citizens of Buffalo, as has been done in other states," says Connors.
Connors notes litigation like this has proven to be very successful on a number of levels. "(It) has been used to accomplish goals, that cannot always be accomplished just by talking to the industry," adds Connors. He says depending on the relief Brown is seeking, "you have to look at the what we call the the relief clauses contained in the document to see exactly what the city of Buffalo is asking for. And then you can measure it against some of the precedent (that)has been established to see whether or not they have support to try to accomplish the goals of the litigation."
Attorney Paul Cambria tells WBEN while some have been successful, others have failed. He says there will be a big obstacle for Buffalo's lawsuit to succeed. He says The Protection in Lawful Commerce and Firearms Act, an act that was passed in 2005, signed by President Bush at that time, gave gun manufacturers (and) distributors immunity. "But New York courts have recognized there's some exceptions to that, which they call predicate exceptions for specific violations of New York laws. And so it appears that the city's lawsuit is going to take the position that certain law, certain nuisance and Consumer Protection statutes that are in place in New York, have been violated," says Cambria.
Cambria believes it will be an uphill battle, but now may be the right time for Brown to file the suit. "Certain cities have been successful. There was a very large settlement in connection with a lawsuit that was brought, and to file one in New York State probably makes a lot of sense," adds Cambria.