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A woman who was shot earlier this year in a subway attack in New York City is suing the maker of the weapon used in the crime, alleging that the injuries she suffered were “a result direct “of the company’s marketing and sales tactics.
Ilene Steur was one of ten people shot in the 29 wounded when a suspect opened fire on a train in Brooklyn on April 12. Prosecutors say the alleged perpetrator, Frank James, used a Glock 17 pistol in the incident and bought the weapon. legally from an Ohio pawn shop in 2011.
Image provided by the New York City Police Department shows a Crime Stoppers bulletin showing photos of Frank R. James, who has been identified by police as a suspect in the Brooklyn subway shooting in New York on Tuesday. April 12, 2022. (Cou (Courtesy of NYPD via AP / AP Newsroom)
In a lawsuit filed this week, Steur’s attorneys argue that Glock, Inc. and its Austrian-based parent company should be held responsible for the attack, alleging that the arms manufacturer’s business practices have caused “public nuisance” in New York State. .
The lawsuit is based on the legitimacy of a New York State law passed last year that opened the door for anyone to take legal action against a gun manufacturer, using the argument the product creates. a “public nuisance.” A press release from the then governor. Andrew Cuomo said at the time that the legislation “will allow lawsuits to be filed in cases where there are no reasonable controls and procedures, ensuring that responsible manufacturers and distributors are not responsible for the actions of criminal actors.”
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Manufacturers of weapons and rights groups in the Second Amendment challenged the law, claiming it was unconstitutional and vague, but a federal court upheld it last week.
Now, Ms. Steur’s attorneys are trying to argue that Glock’s marketing has been unreasonable.
The record states that Glock’s marketing “emphasizes” its weapons “high capacity and ease of concealment, which attract potential buyers with criminal intent, including, among other things, through advertising, col- product location in movies and rap music “.
A row of Glock weapons is seen on the first day of the DSEI (Defense and Security Equipment International) exhibition at ExCel on September 14, 2021 in London, England. (Photo by Leon Neal / Getty Images / Getty Images)
The Glock is a standard firearm issued to law enforcement agencies in the United States and internationally, and the lawsuit accuses the company not only of aggressively marketing police departments since the 1980s, but also of marketing its weapons to civilians, alleging that the Glocks are not “suitable for self-defense or recreation” and “allows an individual in possession of a weapon to inflict unparalleled civilian carnage.”
According to the lawsuit, Glock encourages law enforcement to hand over their used weapons for new ones and then resell the commercially used firearms, allegedly causing damage.
He also claims that Glock makes and sells “more firearms than legal buyers can buy” and that the company “knowingly participates.”[s] in and facilitate[s] the secondary market where people who are harmful buyers get their firearms. “
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However, as noted in the case of Frank James, the suspect in the Brooklyn subway attack, the weapon was legally purchased. FOX Business asked if this is more a question for lawmakers than for blaming gun manufacturers.
“It simply came to our notice then [Glock’s] Marketing tactics or distribution strategies have created this appetite for buyers, whether they bought the gun legally or not, “said Sanford Rubenstein, one of Ms. Steur’s lawyers.” This created a nuisance. public “.
A New York City police officer patrols the subway platform of 36th Street Subway Station on April 13, 2022 in the Sunset Park neighborhood of Brooklyn in New York City. (Photo by Michael M. Santiago / Getty Images / Getty Images)
“At the end of the day, what we really need is for Congress and the president to enact new legislation to stop the immunity of gun companies from harming victims. That’s what really needs to be done here.” Rubenstein told FOX Business. “But I think a review of the existing immunity statute in Congress is not something that will happen in the near future, unfortunately.”
When asked if he was really more responsible than Glock focusing his marketing on law enforcement rather than civilians, Rubenstein said of the company, “But they also oversaturated the market.”
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Rubenstein did not have an answer on what would be the right amount of weapons to sell Glock, but said that this is a number that could be found in the discovery of the case.
Glock, Inc. did not respond to a FOX Business comment request.
Stephanie Pagones and Tamara Gitt of FOX News contributed to this report.