The U.S. Supreme Court on Monday declined to hear a challenge from gun manufacturers and industry groups to New York's law allowing lawsuits against firearms companies. The decision leaves in place a lower court ruling that upheld the 2021 law, which permits civil lawsuits against gunmakers, wholesalers, and dealers for alleged public nuisance and endangerment through firearms sales.
The National Shooting Sports Foundation (NSSF), along with major manufacturers like Smith & Wesson and Glock, argued that New York's law conflicts with the federal Protection of Lawful Commerce in Arms Act (PLCAA), a 2005 statute shielding gun companies from liability when their products are used in crimes. The industry contended that the state law was preempted by federal law under the U.S. Constitution's Supremacy Clause.
New York's law, signed by then-Gov. Andrew Cuomo, requires gun businesses to implement reasonable controls to prevent illegal gun trafficking, straw purchases, and other unlawful sales. It allows lawsuits by the state, local governments, and private citizens. New York Attorney General Letitia James defended the law, stating it provides a mechanism to hold irresponsible gun industry actors accountable.
The 2nd U.S. Circuit Court of Appeals upheld the law last year, with Judge Eunice Lee, a Biden appointee, writing that Congress intended to preserve some causes of action when a defendant's knowing violation of firearms laws caused harm. Judge Dennis Jacobs, a Bush appointee, concurred. The Supreme Court's decision comes as at least 10 states have enacted similar laws since 2021, including California, Illinois, and Maryland.