New York Court of Appeals rules Ohio gun seller not subject to injury lawsuit in New York

A gun dealer from Ohio who sold a firearm that was later trafficked into New York and used illegally in a shooting cannot be sued in state court by the victim of that crime, the New York State Court of Appeals ruled May 9.

The court held that Charles Brown, an Ohio gun dealer, couldn’t face the litigation in New York court because he sold the gun in Ohio and had no control over where it would end up after the sale, even if the buyer alluded that he may bring it to New York.

“Despite (the buyer’s) stated aspiration to open a gun shop in Buffalo, the record is devoid of evidence supporting plaintiffs’ theory that, merely by selling handguns to (the buyer) Brown intended to serve the New York market,” the court ruled.

Brown, in this case, was not part of a scheme to traffic guns into New York, the court held. The judges said there was no way for him to know what would happen to the firearms after they were sold so he did not purposefully enter into the New York market at the time.

The buyer later pleaded guilty to federal gun trafficking charges.

Brown's attorney said that "the case's main significance was that this was the lawful sale of a lawful product."

The complete decision can be found here.

Analysts: Obama's gun control options each have legal pitfalls

From Reuters:

The Washington Post and Politico reported late last week that one of Obama’s main proposals would require some unlicensed gun dealers to get licenses and conduct background checks on potential buyers. Current law exempts smaller dealers who often operate at gun shows and sell online.

Obama... could act through an executive order, which would be immediate and carry the force of law. It would also almost certainly prompt lawsuits ... claiming the president lacks the authority to change the legal definition of who must obtain a dealer’s license....

Obama could take the less risky path on guns by directing the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to redefine its guidance on who is considered a dealer under federal gun law. This would be advisory and lack the force of law, which would mean that prosecutors could not rely on it when pursuing small gun dealers....

Obama could choose an even more cautious route and direct the ATF to begin the formal administrative rulemaking process to change its regulations for who is considered a firearms dealer under the existing Gun Control Act. Agency action that includes the chance for public comment would create an enforceable rule that would likely pass legal muster, but that process probably would not conclude before Obama leaves office in January 2017....

The Second Amendment of the U.S. Constitution protects the right of Americans to keep and bear arms.

Regardless of what steps Obama might take to increase the number of dealers who must conduct background checks, legal experts said that he cannot accomplish his desired gun control agenda - like boosting oversight of gun show sales - through executive action alone.

Courts Must Consider Firearm Use or Possession and Certain Protection Order Violations When Making Bail Decisions in Domestic Cases.

From the Office of Probation and Correctional Alternatives:

CPL 510.30 was revised to require criminal courts to consider an arrested individual’s history of use or possession of firearms, and any violation of an order of protection issued by any court for the protection of a member or members of the same family or household as such term is defined in CPL 530.11(1), whether or not the order is currently in effect, when considering release on recognizance or setting bail requirements for those charged with a crime or crimes against a family or household member.

Bureau of Justice Statistics releases new reports

The Bureau of Justice Statistics (BJS) has released two new reports:

Background Checks for Firearm Transfers, 2012 - Statistical Tables; Capital Punishment, 2013 - Statistical Table

Each report is available at its link above.

The Bureau of Justice Statistics was first established on December 27, 1979 under the Justice Systems Improvement Act of 1979. Its mission is "to collect, analyze, publish, and disseminate information on crime, criminal offenders, victims of crime, and the operation of justice systems at all levels of government."

Suppression hearing held in assault weapon case

Finger Lakes Times:

A seat belt violation and a broken taillight led to the traffic stop that uncovered two rifles, including an assault weapon, stolen from a Seneca Falls apartment complex last fall.

That was the testimony of several Seneca Falls police officers during a suppression hearing Friday for Gary Goodman in Seneca County Court. The Waterloo man, formerly of Geneva, faces charges of criminal possession of a weapon and criminal possession of stolen property….

Local attorney Steven Getman is representing Goodman. Getman is contesting the legality of the search....

Judge Dennis Bender gave [District Attorney Barry] Porsch and Getman 20 days to submit written briefs on the hearing, after which he will issue a decision.

Goodman remains in the county jail in lieu of $10,000 bail or $20,000 bond.

Legal links of interest for the week ending January 25, 2013

Some of the stories about courts, the law and lawyers in the news this past week:

• Court strikes down Obama recess appointments: The DC Circuit Court of Appeals has ruled that President Obama’s appointment of three NLRB members was unconstitutional because Obama claimed them as recess appointments when the Senate was not in recess.
• Debt collectors posing as Facebook friends: Some collectors masquerade as friendly personalities to catch an alleged debtor’s attention.
• Sheriffs raise concerns about NY’s new gun law: Some sheriffs said the law takes positive steps to address mental health issues and access to illegal guns, but they said it also infringes on Second Amendment rights,
• Important IRS deadline for small businesses is just daysaway:  If your business paid any individual $600 or more in 2012, the IRS wants to know about it.
• Two sue Subway for 'short' footlong subs: Plaintiffs' lawyer says the company should either make their sandwiches 12 inches long or stop advertising them as footlongs.
• Reid, McConnell reach Senate filibuster deal: The agreement focuses on limiting the ability to stall action at the very beginning of debate and after a bill has passed the Senate and before negotiations begin with the House.
• Foes of New York City soda size limit doubt racial fairness:  The NAACP and the Hispanic Federation, a network of 100 northeastern groups, say minority-owned delis and corner stores will end up at a disadvantage compared to grocery chains. 
• Facebook $20 million “sponsored stories” class-action settlement could mean $10 for users:
  The lawsuit alleges that Facebook “unlawfully used the names, profile pictures, photographs, likenesses, and identities of Facebook users in the United States to advertise or sell products and services through Sponsored Stories without obtaining those users’ consent.”

For more on each of these stories, click the links above.