05.12.08
NYC wants court to ignore first two amendments of Constitution
NYC sues a gun store owner, and its attorneys ask the Court not to let the defendant reference the Second Amendment in his defense. In such a jackbooted thuggish request, the city is essentially asking the Court to step on the defendant’s First Amendment right to say what he needs to say in his own defense! Hey, who needs the Constitution in this court, right? From the NY Sun:
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. …
Bloomberg sucks. Sorry, but that’s about as deep of an analysis I have of him as I can muster.