Supreme Court declines to hear gun industry challenge to NY law

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The Supreme Court on Monday declined to hear a gun industry challenge to a New York law that allows lawsuits against gun manufacturers and dealers for “harms resulting from the criminal or unlawful misuse” of their merchandise.

The National Shooting Sports Foundation (NSSF) attempted to appeal a lower court ruling alongside Smith & Wesson, Ruger, Beretta, Glock, Sig Sauer and Sturm, who joined the appeal to argue that the New York law signed in 2021 renders the 2005 federal Protection of Lawful Commerce in Arms Act meaningless.

The 2005 law grants manufacturers, distributors and dealers of firearms and ammunition broad immunity from most civil liability lawsuits. It prevents the gun industry from being sued for damages resulting from the criminal or unlawful misuse of their products by third parties.

“NSSF sincerely believes that those criminals ​who illegally misuse lawful products should be held responsible for the harms they ‌cause when they commit their crimes,” ‌Mark Oliva, a spokesperson for the industry group wrote in an emailed statement to Reuters.

“Holding the firearm industry responsible for the criminal misuse of a firearm is akin to holding and Ford Motor Company ‌responsible for damages from drunk-driving crimes,” Olivia added.

Republican Reps. Claudia Tenney (N.Y.) and Nick Langworthy (N.Y.) filed a brief in support of the lawsuit, backing gun manufacturers.

However, New York Attorney General Letitia James says even under the 2005 federal law gun industry members can be held liable for the “downstream acts of third parties in some circumstances.”

Democratic State Sen. Zellnor Myrie, who authored the 2021 statue signed into law by former Gov. Andrew Cuomo (D-N.Y.), said it protects residents in the Empire State.

“New York has an obligation to protect the health and safety of every resident, and any industry—including members of the gun industry—impacting New Yorkers has to take reasonable steps to do the same,” Myrie said on Monday, according to a local outlet in New York.

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new york gun law

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