(The Center Square) – Legal claims against gun manufacturers can go forward, implementing a 2021 New York firearms law signed by then Gov. Andrew Cuomo.
Second Amendment groups had challenged. Monday, the highest court declined to hear the litigation filed by gun makers saying state law was preempted by the federal 2005 Protection of Lawful Commerce in Arms Act. That legislation blocks litigation that could negatively impact the firearm industry.
The National Shooting Sports Foundation, a trade association representing gun manufacturers that sued New York over law, said it was disappointed by the panel’s ruling and disagrees with the court’s reasoning to uphold New York’s law.
“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 spokesman for the trade group, said in a statement.
“Holding the firearm industry responsible for the criminal misuse of a firearm is akin to holding Anheuser-Busch and Ford Motor Company responsible for damages from drunk-driving crimes,” he said.
A federal judge in New York tossed out the case after rejecting claims by the foundation and other groups that the law was “unconstitutional” and “unenforceable.” The decision was upheld by a July ruling at the 2nd U.S. Circuit Court of Appeals.
Gun manufacturers including Smith & Wesson, Ruger and Sig Sauer had signed onto the Supreme Court appeal. They say New York’s law unconstitutionally conflicted with federal law. The appeal was also backed by the National Rifle Association, 24 Republican state attorneys general and several dozen Republican lawmakers who filed legal briefs in the case.
Democratic Gov. Kathy Hochul praised the high court’s ruling, calling it a “massive victory” for gun control efforts in a state with some of the strictest firearm requirements in the nation.
“The gun lobby fought tooth and nail against this first-in-the-nation law,” Hochul said in a statement. “New York will not allow gun manufacturers to profit from tragedy.”
Last month, Hochul signed a budget that makes New York the latest state to restrict ghost guns, a colloquial term meaning firearms that can be assembled using parts manufactured on 3D printers. That drew threats of legal action from Second Amendment groups.
The new restrictions are likely to be challenged in court, even as the state fights lawsuits over other firearm restrictions. The U.S. Supreme Court’s landmark 2022 decision in the N.Y. State Rifle and Pistol Association v. Bruen case struck down a New York law requiring applicants to show “proper cause” to get a permit to carry a firearm.
