Federal appeals court upholds NY law holding gunmakers liable for shootings

A federal appeals court has upheld a New York state law holding gun manufacturers potentially liable when their weapons are used in deadly shootings after rejecting a challenge from gun rights groups.

The ruling by the 2nd U.S. Circuit Court of Appeals on Thursday rejected claims by 2nd Amendment groups that the law was "unconstitutional" and "unenforceable" because it conflicts with federal laws.

In an opinion written by Circuit Judge Eunice C. Lee the three-judge panel agreed with a lower court ruling that the plaintiffs had failed to present evidence the law imposed an “undue burden” on firearms sales, and that federal law allows states to pass laws holding gun companies responsible for violating state laws applicable to the sale and marketing of firearms.

In a concurring opinion issued with Thursday's 2nd Circuit ruling, Judge Dennis Jacobs agreed with the other two judges on the panel that the New York law didn't conflict with federal laws but noted that the state law was "nothing short of an end run" around federal restrictions on lawsuits against the firearm industry."The intent of Congress when it closes a door is not for states to thus jimmy a window," Jacobs wrote.

The National Shooting Sports Foundation, a trade association representing gun manufacturers that sued the state over 2021 law, said it was "disappointed" by the panel's ruling and "respectfully" disagrees with the court’s reasoning to uphold New York’s law.

The group's lawyers had argued in court that the state law was preempted by the federal 2005 Protection of Lawful Commerce in Arms Act, which blocks litigation that could negatively impact the firearm industry.

"We earnestly believe this law is exactly what Congress had in mind when it passed PLCAA with a bipartisan majority," Lawrence G. Keane, the foundation's senior vice president and general counsel, said in a statement. "The PLCAA is designed to prohibit frivolous lawsuits against members of the firearm industry, and we continue to believe the New York statute is intended to evade the will of Congress."

Attorney General Letitia James, whose office defended the state, praised the court's ruling and said it will allow the state to "hold firearm manufacturers and sellers accountable for injuries from gun violence that result from misconduct in the sale and marketing of firearms."

“This decision is a massive victory for public safety and the rule of law and will help us continue to fight the scourge of gun violence to keep our communities safe," James, a Democrat, said in a statement. "New York’s gun safety laws are among the toughest in the nation, and my office will always defend and enforce those laws to protect all New Yorkers."

Eric Tirschwell, executive director of the gun control group Everytown Law, also praised the ruling and said the law "has created a new pathway for victims and their families to hold bad actors in the gun industry accountable for their role in fueling the epidemic of gun violence that is ravaging communities across the Empire State."