THE ROBING ROOM

2nd Circuit overrules City of NY vs. Gun Manufacturers case. Judge Weinstein has been known to side with plaintiffs in other Tobacco and Firearms cases. He is an activist judge who needs to retire. From the case: We conclude that the City’s claim, predicated on New York Penal Law § 240.45, does not fall within an exception to the claim restricting provisions of the Act because that statute does not fall within the contours of the Act’s predicate exception. We also hold that the PLCAA is a valid exercise of the powers granted to Congress pursuant to the Commerce Clause and that the PLCAA does not violate the doctrine of separation of powers or otherwise offend the Constitution in any manner alleged by the City. Reversed.