NEW YORK — A federal appeals court upheld New York’s gun liability law on July 10, rejecting a challenge brought by the National Shooting Sports Foundation and 14 of its members. The 2nd U.S. Circuit Court of Appeals determined that the law, which imposes accountability on the gun industry for injuries tied to misconduct in the sale or marketing of firearms, is constitutional.
In its ruling, the court affirmed the dismissal of the lawsuit, stating that the 2021 law does not conflict with federal regulations nor violate interstate commerce principles. Judge Eunice C. Lee, who was appointed by former President Joe Biden, emphasized that the law is not void for vagueness.
New York Attorney General Letitia James hailed the decision as a significant victory for public safety. In a press release, she stated, “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.”
The law, known as Section 898, mandates that gun industry members establish strict controls to prevent the unlawful sale or marketing of firearms in New York. Additionally, it allows civil lawsuits against individuals or companies in the gun industry that recklessly endanger public safety through their activities.
The plaintiffs’ arguments against the law hinged on claims that it was preempted by the federal Protection of Lawful Commerce in Arms Act, enacted in 2005 to shield the gun industry from liability concerning crimes involving firearms. However, the appeals court noted that the federal law permits litigation if there is a demonstrable violation of state or federal marketing laws, a condition that New York’s legislation was designed to meet.
Judge Dennis Jacobs, in a concurrence, acknowledged that while the law can indeed align with federal statutes, its future applicability must still be determined in individual cases. He warned, however, that expanding legal challenges could arise based on specific situations.
“The federal law has effectively restricted litigation that could jeopardize the firearms industry,” Jacobs remarked, highlighting the complexity of navigating these legal frameworks. The ruling underscores the ongoing national debate over gun control and liability, illustrating the tensions between state imposed regulations and federal protections for the gun industry.
This legal development is significant as it could influence future legislative measures aimed at tackling gun violence and enhancing safety regulations within the gun industry, a matter of pressing concern for communities nationwide.
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