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.
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.
posted by John Lott at 1:03 PM
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