NEW YORK CITY CHAPTER 4/26/01
PRESS RELEASE          Contact:  Andy Pelosi   212-674-3710
April 26, 2001
 

The fight continues to hold gun manufacturers responsible for the devastation caused by their products
 

     Today's opinion by the New York Court of Appeals in Hamilton v. AccuTek has good news and bad news for the fight to hold handgun manufacturers responsible for the devastation their products cause.  The bad news is that the Court declined to follow the trial judge's pioneering precedent, which recognized that handgun manufacturers' irresponsible sales practices create an underground market in firearms that results in criminals having easy access to guns.  The good news is that the Court did suggest that victims will be able to sue manufacturers successfully if they can bring to bear more evidence than was available in the Hamilton case.  In particular, the opinion suggests that a victim who can identify the manufacturer of the gun that was used to harm him or her, and who can demonstrate how that manufacturers' irresponsibility made it easier for the criminal to obtain the gun, would be able to maintain a suit.
 
     We are disappointed that Stephen Fox will not be compensated for his injuries, and we fear that it will delay the implementation of much-needed reforms by the handgun industry.  It would be unfortunate if handgun manufacturers take this opinion as an endorsement of their irresponsible sales practices.  It is not.  This opinion postpones -- but not forever -- the day when handgun manufacturers will be forced to make amends for the damage they have caused.


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