Friday's decision reinstates the lawsuit brought by Daniel Williams, shot in 2003 while in high school, alleging that the gun manufacturer and distributor violated federal law by knowingly selling guns to irresponsible dealers.
Earlier, the lawsuit had been dismissed upon the arguments of the defendants that they cannot be sued, as the federal Protection of Lawful Commerce in Arms Act shields firearm manufacturers and sellers from liability caused by criminal misuse of non-defective products.
The Brady Center to Prevent Gun Violence, which is representing Williams, said Bostic was a convicted felon and barred from purchasing guns.
Writing for the court, Justice Erin Peradotto observed, “Although the complaint does not specify the statutes allegedly violated (by the defendants), it sufficiently alleges facts supporting a finding that the defendants knowingly violated federal gun laws.” The Brady Center alleged that being barred from purchasing guns in New York, Bostic went to Ohio and purchased handguns in large quantities including the semi-automatic used to shoot Williams.
A lawyer for the gun distributor, MKS supply, said, “We believe (the lower court's ruling) was a courageous and legally correct decision, but the Fourth Department was unwilling to follow his well reasoned opinion … Whether we appeal or not, we are confident that ultimately the facts will contradict the baseless allegations in the complaint and the case will be dismissed.”
Friday's ruling adds to the mess in the politically charged issue over indiscriminate sale of guns in certain states, and raises stakes of gun manufacturers and sellers over their liabilities in shooting incidents.
