A federal appeals court on Thursday upheld a New York public nuisance law exposing the gun industry to possible civil lawsuits for violence caused when people use their products.
The 2nd U.S. Circuit Court of Appeals in Manhattan rejected a facial challenge to the law by the National Shooting Sports Foundation trade group and 14 members including Beretta, Glock, Sig 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.
In a 3-0 decision, Circuit Judge Eunice Lee said the law was not preempted by the federal Protection of Lawful Commerce in Arms Act of 2005, which shielded 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.
Another way that the blue states are trying to legislate for the country as a whole.
Those manufacturers should very publicly stop selling their products inside New York, including not selling their products to New York law enforcement agencies.
ReplyDeleteYes. Also, the politicians bodyguards should be limited to using a collapsible baton and pepper spray.
DeleteThey'll never stop.
ReplyDelete