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3/08/2005

Piece on why New York City's Gun Industry Responsibility Act doesn't have any teeth

Professors ANTHONY J. SEBOK AND TIMOTHY LYTTON have a very interesting op-ed on New York City's Gun Industry Responsibility Act. People should read the piece, but it makes several interesting points:

1) New York State does not accept the rule that breach of a local ordinance can be the basis for per se negligence.

2) If instead the new law is classified as a "Police Power," they argue that it is almost certainly unconstitutional.

3) This may be one case that actually runs afowl of the Dormant Commerce Clause.

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