Appeals Court Upholds New York Law Allowing Gun Makers to Be Sued Over Shootings

A federal appeals court has upheld a New York law that could hold gun manufacturers accountable when their firearms are used in criminal acts, rejecting a challenge from the firearms industry.

On Thursday, the 2nd U.S. Circuit Court of Appeals in Manhattan ruled in favor of the 2021 state law, affirming a lower court’s dismissal of a lawsuit brought by the National Shooting Sports Foundation (NSSF), which is a trade group representing gun manufacturers and dealers.

The three-judge panel determined the law was neither unconstitutional nor too vague, stating that the challengers failed to demonstrate that the statute was unenforceable in all circumstances.

Writing for the panel, Circuit Judge Eunice C. Lee emphasized that the law could be applied in a constitutional manner.

The legislation in question requires members of the gun industry to implement "reasonable controls" to prevent the unlawful marketing, sale, and use of firearms in New York.

It also opens the door for lawsuits against manufacturers and sellers whose actions contribute to gun violence and pose threats to public health and safety.

The NSSF argued that the state law conflicted with the federal Protection of Lawful Commerce in Arms Act (PLCAA), enacted in 2005, which shields gun companies from most lawsuits related to the criminal use of their products.

However, in 2022, U.S. District Judge Mae A. D’Agostino ruled that New York's statute did not violate federal protections and aligned with the state’s longstanding public nuisance laws.

Supporters of the New York law, including gun violence prevention organizations like Everytown Law and the Giffords Law Center, applauded the appeals court’s decision.

Eric Tirschwell, executive director of Everytown Law, called the ruling a significant step forward in holding reckless gun industry players accountable.

"This decision gives victims and their families a legal pathway to pursue justice against companies that prioritize profit over safety," Tirschwell said.

In a concurring opinion, Circuit Judge Dennis Jacobs acknowledged concerns about the law’s design, noting that it appeared tailored to specifically target the firearms industry.

He cautioned that it could be viewed as a way to sidestep federal protections, quoting former Governor Andrew Cuomo’s remarks that the law aimed to “right the wrong” of the federal statute.

Still, Jacobs agreed that the current case did not prove the law was unconstitutional across all possible scenarios.

“The law has some legitimate scope, which justifies upholding it against this challenge,” he wrote, adding that its true limits would become clearer through future litigation.

Gun manufacturers have not issued a public response to the ruling.

Appeals Court Upholds New York Law Allowing Gun Makers to Be Sued Over Shootings