NEW YORK, May 4 (Reuters) - New York City suffered a
setback on Wednesday when a federal appeals court ordered it to
make changes to a court-ordered plan to crack down on illegal
sales at two gun shops in the U.S. South accused of violating
federal gun-purchase laws.
The 2nd Circuit Court of Appeals threw out an injunction
subjecting the shops to New York City's stringent monitoring
requirements, saying the plan failed to give the stores a clear
idea of what constituted a violation.
The "broad power" afforded to a special master to enforce
the dealers' compliance raises "serious constitutional
questions," wrote Circuit Judge Robert Sack, joined in the
majority by Judge Richard Wesley and Judge Richard Eaton, a
U.S. Court of International Trade judge assigned to the
appeal.
However, the appeals court upheld the original entry of
default judgment against Mickalis Pawn Shop LLC of South
Carolina and Adventure Outdoors Inc. of Georgia, which
separately dropped their defenses of the suit, handing a
default win to the city.
City officials acknowledged Wednesday that "tweaks" would
be made to the monitoring plan when the injunction returns to
the lower court for revision. But they believed the appeals
court ruling affirmed the general concept of gun dealer
monitoring, despite its quibbles with the scope of the plans.
"The laws the dealers will have to comply with are limited
and the powers of the special master are limited, but not in
such a way as to make them ineffective in monitoring these
dealers," said Eric Proshansky, Assistant Corporation Counsel
of the City of New York.
CITY CITES SUCCESS
The city says its gun monitoring program -- instituted at
numerous gun dealers sued by the city in 2006 -- have been a
huge success at keeping illegal firearms off New York streets.
According to preliminary city data, the number of guns going in
and out of the city since the first monitorships were
implemented have fallen roughly 75 percent.
Mickalis Pawn Shop and Adventure Outdoors were two of 15
gun dealers sued by New York City in 2006 for public nuisance
violations, following a series of sting operations that
uncovered alleged illegal "straw man purchases" made on behalf
of disqualified individuals at gun dealers in Southern states.
Most of the defendants were dropped from the suit or
settled out of court under agreements similar to the terms of
the injunction.
New York City said it had standing to bring public nuisance
claims against the out-of-state gun dealers because the guns
had wound up being illegally trafficked to its jurisdiction.
The appeals court did not weigh in on the jurisdiction
question, which was essentially mooted by the default
judgment.
Calls to the gun dealers' attorneys were not immediately
returned.
The cases are City of New York v. Mickalis Pawn Shop LLC,
and City of New York v. Adventure Outdoors Inc., in the U.S.
2nd Circuit Court of Appeals; numbers 08-4804; 09-1345.
For the city: Frederick Brodie and Kenneth Taber of
Pillsbury Winthrop Shaw Pittman LLP; Eric Proshansky, Assistant
Corporation Counsel of the City of New York.
For Mickalis Pawn Shop: Justin Kahn of Kahn Law Firm.
For Adventure Outdoors: John Renzulli of Renzulli Law
Firm.
(Reporting by Jessica Dye; Editing by Howard Goller)