Gun dealers balk at proposal to hold them liable By Heather Yakin and John Milgrim
Albany - Gun dealers could be held liable if they sell weapons that are later used to commit a crime under an Assembly proposal that's under fire by gun-rights proponents.
The proposal, drafted late last week, merges Republican proposals that would stiffen penalties against illegal gun sellers with Democratic proposals to increase restrictions on legitimate dealers. The Assembly bill calls for dealers to carry at least $1 million in liability insurance, affix new and lengthy warning labels to all guns, and cancel a sale if there is a "reasonable suspicion" the gun could be resold to criminals.
Assembly Speaker Sheldon Silver, D-Manhattan, the bill's architect, has been under political and media fire since the recent shooting deaths of two New York City cops.
"They're trying to hold gun dealers liable for criminal misuse of firearms," but that's prohibited by federal law, said Jacob Rieper, legislative director of the New York State Rifle and Pistol Association. "They're just doing it as harassment."
Some of the bill's provisions sound like old news to Bob Lounsbury of Lounsbury's Sporting Goods in Middletown, like a mandate to show customers how to use their new guns.
"For 50 years, we've done that," he said. And all dealers are already required by federal law to deny a sale to someone who they suspect is buying the gun for someone else.
"I think that Mr. Silver has lost his perspective," said Glenn Doty of Guns and Collectibles Ltd. in Montgomery, whose son is a New York City police officer. "It (the bill) winds up presuming that the bad guys are going to obey the law the same as you or me."
Silver said the proposal is meant to stop guns from falling into the wrong hands. Many Republicans and gun advocacy groups say Silver stalls legislation that could really deter illegal gun sales.
"What this (proposal) is, is further restrictions on lawful, law-abiding citizens having guns," said Sen. John Bonacic, R-C-Mount Hope. "It is a smokescreen to continue to allow criminals to hurt police officers and other people in the community. It is strictly an attempt to remain soft on crime."
The Assembly bill is expected to die. State leaders were trying yesterday to come up with compromise legislation to curtail gun trafficking before both houses meet tomorrow in a special session.
http://www.recordonline.com/archive/2005/12/20/news-hygundeal-12-20.html*FW Note:"They're trying to hold gun dealers liable for criminal misuse of firearms," but that's prohibited by federal law, said Jacob Rieper, legislative director of the New York State Rifle and Pistol Association. "They're just doing it as harassment."
If these were civilians harassing other civilians, using tactics and issues clearly contrary to federal law they wouldn't call it "harrassment", they'd call it extortion and criminal conspiracy.
But, as usual, government entities exist above the law...
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