Gunmakers lose appeal of New York public nuisance law
A federal appeals court on Thursday upheld a New York public nuisance law exposing the gun industry to possible civil lawsuits when people use their products in shootings and other crimes, News.az reports citing BBC.
The 2nd U.S. Circuit Court of Appeals in Manhattan rejected a challenge to the law by the National Shooting Sports Foundation trade group and 14 members including Beretta, Glock, Sig (LON:SHI) Sauer, Smith & Wesson and Sturm, Ruger.
Signed by Democratic Governor Andrew Cuomo in July 2021, the law lets New York, local officials and the public sue manufacturers, wholesalers and dealers for endangering people’s safety and health through sales of firearms and ammunition.
The law requires the gun industry to use reasonable controls to make sure its products do not fall into the wrong hands. Opponents argued that the law was unconstitutional on its face.
In a 3-0 decision, Circuit Judge Eunice Lee said New York’s law was not preempted by the Protection of Lawful Commerce in Arms Act, a 2005 federal law shielding the firearms industry from civil liability when its products are used in crimes.
Lee said Congress intended to preserve "at least some causes of action" for knowing violations of state firearms sales and marketing laws, and New York’s law was not vague about how the gun industry could comply.
She also said the law did not violate the U.S. Constitution’s dormant Commerce Clause by discriminating against interstate commerce, citing the law’s public health and safety goals and absence of specifically identified economic burdens.
Similar news
