The Blaze reports …
The ruling by the Appellate Division of the state Supreme Court reversed a lower court‘s 2011 dismissal of victim Daniel Williams’ complaint, which accused Ohio gun maker Hi-Point and distributor MKS Supply Inc. of Ohio of intentionally supplying handguns to irresponsible dealers because they profited from sales to the criminal gun market.
The appellate panel said the Buffalo man‘s lawsuit should have been allowed to move forward because Williams’ claims fall within exceptions contained in the Protection of Lawful Commerce in Arms Act, a 2005 federal law shielding gun makers from lawsuits over criminal use of their products.
Williams’ attorneys claimed the Ohio dealer, Charles Brown, knew or should have known that Bostic was buying the handguns to resell on the streets because he paid cash, chose Hi-Point 9 mm guns favored by criminals and bought them in bulk. Hi-Point and MKS should have known that Brown, who has since become president of MKS, was distributing the guns they supplied to him to criminals, Williams said.
This seems to me to be vexatious litigation. Neither of the companies they are suing actually sold guns to the straw buyers. They need to prove that the wholesaler and the manufacturer somehow knew who the retailer was selling guns to. This case should never have been allowed to go forward.
[ Many thanks to jdun1911 for emailing me the link. ]