Bloomy’s at it again…

Not content to stomp on the second amendment, Mayor Bloomberg goes after the first. Can’t say I’m surprised.

Gag on 2nd Amendment Is City’s Aim in Guns Suit

By JOSEPH GOLDSTEIN , Staff Reporter of the Sun | May 9, 2008

Lawyers for Mayor Bloomberg are asking a judge to ban any reference to the Second Amendment during the upcoming trial of a gun shop owner who was sued by the city. While trials are often tightly choreographed, with lawyers routinely instructed to not tell certain facts to a jury, a gag order on a section of the Constitution would be an oddity.

“Apparently Mayor Bloomberg has a problem with both the First and the Second amendments,” Lawrence Keane, the general counsel of a firearms industry association, the National Shooting Sports Foundation, said.

The trial, set to begin May 27, involves a Georgia gun shop, Adventure Outdoors, which the city alleges is responsible for a disproportionate number of the firearms recovered from criminals in New York City. The gun store’s owner, Jay Wallace, says his store abides by Georgia and federal regulations and takes steps to avoid selling firearms to gun traffickers. Mr. Wallace’s store is one of 27 out-of-state gun shops sued by New York City, and the first to go to trial.

City lawyers, in a motion filed Tuesday, asked the judge, Jack Weinstein of U.S. District Court in Brooklyn, to preclude the store’s lawyers from arguing that the suit infringed on any Second Amendment rights belonging to the gun store or its customers. In the motion, the lawyer for the city, Eric Proshansky, is also seeking a ban on “any references” to the amendment.

“Any references by counsel to the Second Amendment or analogous state constitutional provisions are likewise irrelevant,” the brief states.

Many Americans believe that the Second Amendment provides an individual the right to own a gun. Others believe that it provides no right to private gun ownership, but gives states the power to keep militias.

In a recent court deposition, Mayor Bloomberg said he believed “the Second Amendment of the Bill of Rights gives you the right to keep and bear arms.” But in a recent brief to the Supreme Court, lawyers for Mr. Bloomberg argued that the amendment “was not intended to vest armed power in citizens acting outside of any governmental military effort — either federal or state.”

In a statement sent via e-mail to The New York Sun, the city’s criminal justice coordinator, John Feinblatt, said the issue at the upcoming Adventure Outdoors trial “isn’t the Constitution but whether the respondents broke federal firearms laws.”

“The right to bear arms has nothing to do with whether the respondents made straw sales,” Mr. Feinblatt said.

A straw sale occurs when gun dealers sell to someone making the purchase on behalf of another — often someone with a felony record, who is ineligible to own guns. The city sent an undercover team to simulate a straw purchase at Adventure Outdoors. Lawyers for the gun store say the two hidden cameras brought in by investigators malfunctioned less than halfway into the purchase and fail to show the precautions taken by the sales staff at the store to prevent a straw purchase.

Of the city’s recent motion to preclude mention of the Second Amendment, a lawyer for Adventure Outdoors, John Renzulli, said, “If you can’t discuss the Bill of Rights in a court of law, where should we discuss these issues? Should we reserve it for the tavern?”

Mr. Renzulli said the city’s lawsuit did implicate the Second Amendment: “The politics involved here is whether the city has the power to go into another state and control the lawful sale of firearms.”

Still, Mr. Renzulli said he did not plan to oppose the city’s request regarding references to the Second Amendment. Mr. Renzulli, who has defended suits against the gun industry in Judge Weinstein’s courtroom before, said that in the past the defense has struck a deal with the plaintiffs on the matter: Lawyers for the gun industry won’t mention the Bill of Rights to the jury, if the plaintiffs don’t mention the National Rifle Association.

“We usually say we’re not talking about the Second Amendment and you’re not talking about the NRA as a huge lobbying group that controls the legislature,” Mr. Renzulli said.

He said he expected a similar agreement to be struck in the Adventure Outdoors case.

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Poll Results

Based on the latest poll:

55% of voters don’t currently shop at Wal-mart.
30% say they will stop shopping at Wal-mart.
15% of voters indicated they will continue to shop at Wal-mart.

A big thank you for everyone who participated in this poll!

-Yuri

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New Poll Up

There’s a new poll up with the question:

“Due to Walmart’s recent alliance with anti-rights Mayor Michael Bloomberg, what will you do?”

There are three possible answers:

• I don’t shop at Walmart
• Stop shopping at Walmart
• Continue shopping at Walmart

I know some Walmarts already don’t carry guns, but assume for the purposes of the poll that they all do. The last question means you will continue to buy weapons and/or other goods from Walmart.

Any questions? Let me know in comments.

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NSSF Responds to Bloomberg

Firearms Industry Responds to Mayoral Gun Summit

Monday April 14, 7:00 pm ET

NEWTOWN, Conn.–(BUSINESS WIRE)–New York City Mayor Michael Bloomberg, at a meeting of the Mayors Against Illegal Guns coalition he founded, announced today the Responsible Firearms Retail Partnership program with Wal-Mart. The retailer has agreed to retain records of purchasers of firearms that are later traced by law enforcement for reasons never disclosed to Wal-Mart. The retailer also agreed to run background checks on its employees handling firearms.

Commenting on today’s announcement the National Shooting Sports Foundation (NSSF) – the firearms industry’s trade association – said the partnership’s name gives the false impression that federally licensed firearms dealers are somehow irresponsible. “Today’s announcement reflects Mayor Bloomberg’s troubling ignorance and misunderstanding of what can – and cannot – be gleaned from data of guns recovered by law enforcement and traced from the manufacturer to the first retailer purchaser,” said NSSF Senior Vice President and General Counsel Lawrence G. Keane. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) maintain this trace data.

Read the whole thing at the linked heading in the quote.

…and yes, Wal-mart still sucks! Feel free to use this (cheesy) image I made if you want.

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Another reason not to buy a gun at Wal-Mart

Wal-Mart to film gun sales in bid to fight crime

NEW YORK (Reuters) - Wal-Mart Stores Inc, the world’s largest retailer, unveiled plans on Monday to film its gun sales in the United States and create a computerized log of purchases in a bid to stop guns falling into the wrong hands.

Wal-Mart, which is the largest seller of firearms in the United States, agreed a 10-point code, which also includes rigid inventory controls, with a bipartisan coalition of Mayors Against Illegal Guns led by New York’s Michael Bloomberg.

The retailer said it will develop a first-of-its-kind computerized crime gun trace log that will flag purchases by customers who have previously bought guns later recovered in crimes.

“Wal-Mart currently uses a strong point of sale system,” said J.P. Suarez, senior vice president and chief compliance officer of Wal-Mart. “This code is a way for us to fine-tune the things we’re already doing and further strengthen our standards. We hope other retailers will join us.”

The Responsible Firearms Retailer Partnership is designed to strengthen the points in the gun purchasing system that criminals have exploited in the past, Wal-Mart and the Mayors Against Illegal Guns said.

According to the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, 46 percent of its criminal gun trafficking investigations involved cases in which someone who is not legally allowed to purchase a firearm does so through the use of a proxy, known as a straw buyer.

(h/t) Knowledge is Power

More here.

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