The Supreme Court on Monday declined to hear a case challenging a New York law that allows gun manufacturers and dealers to be sued.
The National Shooting Sports Foundation appealed a lower court ruling in concert with Smith & Wesson, Ruger, Beretta, Glock, Sig Sauer and Sturm. Their argument was that the 2021 law renders 2005’s Protection of Lawful Commerce in Arms Act worthless.
Under the 2005 law, gun manufacturers, distributors, and dealers of firearms and ammunition have immunity from most civil liability suits. It keeps the industry from being sued for damages related to criminal or unlawful use of their products by consumers. But, it does not offer total immunity.
“NSSF sincerely believes that those criminals who illegally misused lawful products should be held responsible for the harms they cause when they commit their crimes,” Mark Oliva, a spokesperson from the group, wrote in an email to Reuters. “Holding the firearm industry responsible for the criminal misused of a firearm if akin to holding Anheuser-Busch and Ford Motor Company responsible for damages from drunk-driving crimes,” Oliva continued.
Two Republican lawmakers out of New York, Reps. Claudia Tenney and Nick Langworthy, filed a brief in support of the suit.
But, New York Attorney General Letitia James asserts that even under the 2005 law, the gun industry can be held liable for “downstream acts of third parties in some circumstances.”
The 2021 New York law was signed by former Governor Andew Cuomo and drafted by State Senator Zellnor Myrie (D).
“New York has an obligation to protect the health and safety of every resident, and any industry-including members of the gun industry-impacting the New Yorkers has to take reasonable steps to do the same,” Myrie said.
The 2nd U.S. Circuit Court of Appeals, based in Manhattan, upheld New York’s law last year.
