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Law exposes gun industry to civil lawsuits for violence

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Court says New York not preempted by 2005 federal law

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Gun manufacturers called law unconstitutional

By Jonathan Stempel

NEW YORK, July 10 (Reuters) - 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 ( RGR ).

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.

A spokesperson for the gun industry plaintiffs had no

immediate comment. The office of New York Attorney General

Letitia James, who defended the state law, also had no immediate

comment.

Circuit Judges Raymond Lohier and Dennis Jacobs joined Lee's

decision. Lee was appointed to the bench by Democratic President

Joe Biden, Lohier by Democratic President Barack Obama, and

Jacobs by Republican President George H.W. Bush.

In a grudging concurrence, Jacobs said "there is every

indication" New York intended to contravene federal law, but he

was "constrained to agree" the state law could be applied

legally.

He nonetheless faulted lawmakers for having "contrived a

broad public nuisance statute that applies solely to gun

industry members and is enforceable by a mob of public and

private actors. The intent of Congress when it closes a door is

not for states to thus jimmy a window."

The appeals court upheld a May 2022 ruling by U.S. District

Judge Mae D'Agostino in Albany, New York.

The case is National Shooting Sports Foundation Inc et al v

James, 2nd U.S. Circuit Court of Appeals, No. 22-1374.