Brady Versus Obama In Courtroom Over Firearms...Who Would Have Ever Thought?

MEDIA

HERE'S tHEIR pRESS rELEASE:

"PRESS RELEASE

Obama Administration and Brady Center

Will Challenge Each Other

In First-In-The-Nation Gun Case in Alaska

Feb 27, 2012

Washington, D.C. - An attorney for the Obama Administration

on Tuesday, Feb. 28 will appear to defend the constitutionality

of the Protection of Lawful Commerce in Arms Act (PLCAA),

and argue that the Congress was permitted to dictate the

dismissal of a case and to deprive the family of Alaskan 

Simone Kim of a civil action against gun store owner Ray Coxe. 



In Juneau Tuesday at11:25 a.m. (3:25 p.m. EST), the Alaska 
Supreme Court will hear arguments in this first-in-the-nation

 case regarding a controversial federal gun industry

shield law and the limits of Congressional power. 

The Director of the Brady Center's Legal Action Project,

Jonathan Lowy, will be arguing on behalf of the family of

Juneau murder victim Simone Kim, asking the Court to

reverse a trial court's dismissal of the Kims' lawsuit

against gun dealer Ray Coxe.

On August 2, 2006, Jason Coday, a bizarre-acting,

methamphedamine-abusing fugitive who was prohibited

by federal law from possessing or buying firearms,

walked into Rayco Sales, the gun store of Ray Coxe. 

Coday, who had a garbage bag filled with his belongings

wrapped around his waist, told Coxe he was interested

in obtaining a gun, and Coxe showed him a Ruger rifle,

and told him the price was $195.  Coday soon left the

store with the gun, leaving $200 in exchange. Coxe did

not subject Coday to a background check and the

paperwork required under federal law.  The store

had two video surveillance systems, but Coxe later

claimed that both videotapes did not record that day. 

wo days later, Coday used the gun to kill Simone Kim, a

26-year-old man he had never met, who was at work as

a painter outside the Juneau Fred Meyer store. 

The Kim family filed suit in August 2008, charging

that Coxe illegally sold the gun to Coday, or negligently

enabled him to get the gun.  Trial judge Phillip Pallenberg

dismissed the case on October 7, 2010, holding that

Congress, in the Protection of Lawful Commerce in

Arms Act (PLCAA), commanded the court to dismiss

the case, even if it was otherwise supported by Alaska

law.  The Kims appealed, and are asking the Supreme

Court to allow them to prove their case before a jury.

Anthony Sholty, of the Juneau law firm Faulkner

Banfield, will argue for Ray Coxe.

Brady Center Attorney Jon Lowy will be available

for comment for two hours after the proceedings,

which are expected to last until 5:00 p.m. EST.

### "

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