New York City's lawsuit against gun manufacturers is proceeding despite the Protection of Lawful Commerce in Arms Act, which was supposed to stop litigation that blames firearm makers for the criminal misuse of their products. U.S. District Judge Jack B. Weinstein (who has a history of bending over backward to acommodate legal assaults on the gun industry) says the city's suit falls under one of the act's exceptions, since it alleges violations of state nuisance law. The city argues that gun makers create a nuisance by inadequately supervising dealers and by selling too many guns in states with relatively loose rules, knowing some of those weapons will end up in jurisdictions (such as New York) where gun ownership is strictly regulated. But by way of justification for the lawsuit, Mayor Michael Bloomberg cited the recent death of a New York police officer who was shot with a gun that was legally purchased in Florida and subsequently stolen. Are gun manufacturers to be held responsible when people who buy their products fail to take adequate precautions against theft?
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Rochelle Walensky's gloss is puzzling in light of the evidence presented in the systematic review on which she relied.