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May 1st, 2008

Court of Appeals Dismisses NY Case against Gun Makers

On April 30th, the gun industry scored a huge win in Federal Court. The U.S. Court of Appeals for the Second Circuit tossed out New York City’s long-standing lawsuit against firearms manufacturers. That suit sought to hold gun makers responsible for the criminal misuse of firearms.


Firearms Lawsuit

Judge Robert J. Miner, writing for the U.S. Court of Appeals, held the Protection of Lawful Commerce in Arms Act, enacted in 2005, is constitutional and that Brooklyn, NY, federal court judge Jack B. Weinstein misinterpreted the law by not dismissing the case.

“We think Congress clearly intended to protect from vicarious liability members of the firearms industry who engage in the ‘lawful design, manufacture, marketing, distribution, importation, or sale’ of firearms,” said Judge Miner. In dismissing the city’s claim that its suit fit within an exception to the Arms Act, the court wrote that the statute was “intended to shield the firearms industry from the vicarious liability for harm caused by firearms that were lawfully distributed[.]”

The Appellate Court ruling is seen by many as a major setback for gun-control groups, principally the Brady Center to Prevent Gun Violence, which funded many of the municipal lawsuits, including this New York City case, against the firearms industry.

The city’s lawsuit against the nation’s firearms manufacturers was originally filed by Mayor Rudolph Giuliani in June 2000 and was continued by Mayor Michael Bloomberg. Mayor Bloomberg is also suing out-of-state firearms retailers. That case will go to trial later this month before Judge Weinstein.

This report is provided by the National Shooting Sports Foundation (NSSF).

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May 1st, 2008

Howard Leight Electronic Muffs on Sale for $49.99

Now through May 31, 2008, MidwayUSA has the Howard Leight Impact Sport Earmuffs on sale for $49.99, $10.00 off the regular price. That’s a heck of a deal. These electronic muffs (item 671923) perform as well as some other noise-cancelling muffs that cost two or three times the price.

Because the Howard Leight Impact Sport muffs only carry a Noise Reduction Rating (NRR) of 22 db, we recommend you use these OVER foam ear plugs. When you do that, the electronic noise circuit still allows you to hear range commands. Forum member Danny Reever has a pair of the Leight Impacts. He reports: “Off the firing line, while others are shooting, you can easily carry on a conversation while the electronics cancel out the gunfire. Amplification is crisp and clear even at the highest setting. On the firing line, the slim profile of the muffs does not interfere with cheek weld and are comfortable.

The 22-decibel noise reduction rating (NRR) is a bit low for my liking, but I have found using 29-db plugs coupled with a slight gain in the electronics allows me to get maximum protection and still hear range commands. In fact, by increasing the volume further I could still hear conversations up and down the firing line.”

Assistant Editor Jason Baney also has a pair of the Howard Leight electronic muffs. He says: “They are comfortable and work great if you wear plugs underneath. You can even plug an iPod into them.”

Both Cabela’s buyers and MidwayUSA customers have praised these units:

“I am a firearms instructor/SWAT instructor, active on two SWAT teams. [I] have burned through too many pairs of Peltors due to their poor battery set up. These are cheaper price-wise, but [have] better controls and battery storage. Amazing sound quality. In reality to beat the performance you need to spend four to five times the money. If I could give ten stars I would…” ZM, Cabelas customer.

“I have a set of Peltors that I paid triple the price for and they aren’t half as good. These [Leights] have nice smooth attenuation unlike the Peltor that snap on and off in a very annoying fashion. These fit tight, have good noise reduction and good sound quality. The low profile works well with rifles and shotguns. Don’t bother spending more, these are great!” Paul D., MidwayUSA Customer.

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