A federal appeals court on Thursday upheld a New York state law that holds gun manufacturers potentially liable for deadly shootings.
The law requires the gun industry to prevent unlawful possession, use, marketing or sale of their products and opens them up to be sued for negligence in unlawful acts committed with their guns. Victims of gun violence and the state can sue manufacturers under the law.
A three-judge appeals panel said the 2021 law was not unconstitutional or vague.
Trade association the National Shooting Sports Foundation had sued, claiming it violated the federal 2005 Protection of Lawful Commerce in Arms Act, which blocks litigation that could destroy the firearms industry.
The lawsuit was originally thrown out in May 2022 when a judge said the law closely tracked the language of New York’s general public nuisance law.
“This decision is a massive victory for public safety and the rule of law and will help us continue to fight the scourge of gun violence to keep our communities safe,” New York Attorney General Letitia James said in a release. “New York’s gun safety laws are among the toughest in the nation, and my office will always defend and enforce those laws to protect all New Yorkers.”
Delaware, New Jersey, Illinois, Washington state, California and Hawaii have similar public nuisance laws that expose gunmakers to civil liability.
With News Wire Services
