Williams v. Beemiller, Inc.

42 Misc. 3d 438, 975 N.Y.S.2d 647
CourtNew York Supreme Court
DecidedNovember 25, 2013
StatusPublished

This text of 42 Misc. 3d 438 (Williams v. Beemiller, Inc.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Beemiller, Inc., 42 Misc. 3d 438, 975 N.Y.S.2d 647 (N.Y. Super. Ct. 2013).

Opinion

OPINION OF THE COURT

Frederick J. Marshall, J.

Before the court are plaintiffs’ motions to compel jurisdictional discovery, specifically answers to interrogatories and production of documents. The court has issued oral rulings on all jurisdictional discovery issues but one: whether defendants may be compelled to disclose information and documents related to firearm traces.

Plaintiffs’ claims derive from an incident in 2003, when defendant Cornell Caldwell shot plaintiff Daniel Williams with a handgun in Buffalo, New York. In addition to Caldwell, plaintiffs brought this suit against defendants Beemiller, Inc. doing business as Hi-Point, MKS Supply, Inc., and Charles Brown who are, respectively, the manufacturer, distributor, and retailer of the firearm used in the shooting. After plaintiffs were granted jurisdictional discovery by the Appellate Division, Fourth Department, they served Beemiller, MKS, and Brown with interrogatories and requests for document production. The demands seek information related to firearm trace data including, but not limited to, ATF-issued (Bureau of Alcohol, Tobacco, Firearms and Explosives) trace inquiries and firearm sales records.

Defendants object to plaintiffs’ demands for answers and documents related to firearm trace data on the grounds that the Tiahrt Amendment, a rider attached to federal legislative appropriations bills, insulates the information from discovery in civil litigation. In fact, defendants’ interpretation of Tiahrt shields any ATF firearm trace data in their possession from discovery and use in this litigation. In opposition, plaintiffs argue for a narrower reading of Tiahrt, limiting the Amendment to use by the ATF.

I. Firearm Tracing

When a law enforcement agency recovers a firearm in a criminal investigation, the recovering agency may place a tracing request with the ATF to identify the firearm’s history. The ATF is the only federal agency authorized to conduct firearm tracing, and its National Tracing Center manages all requests, following [440]*440traced firearms’ chains of licensees — manufacturers, importers, and dealers.

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Bluebook (online)
42 Misc. 3d 438, 975 N.Y.S.2d 647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-beemiller-inc-nysupct-2013.