Key facts
- The U.S. Supreme Court declined to hear a challenge from the National Shooting Sports Foundation against a New York law.
- The New York law permits lawsuits against gun makers, wholesalers, and dealers for endangering public safety.
- The gun industry argued the law conflicted with the federal Protection of Lawful Commerce in Arms Act.
- The 2nd U.S. Circuit Court of Appeals had previously upheld the New York law.
- The Supreme Court's decision upholds the lower court's ruling.
The U.S. Supreme Court on Monday declined to hear a challenge from the gun industry against a New York law that allows lawsuits against gun makers, wholesalers, and dealers for endangering public safety through the sale of firearms and ammunition. The justices rejected an appeal by the National Shooting Sports Foundation, which argued that the law unconstitutionally conflicted with federal law.
The New York law, signed in 2021, requires the gun industry to implement reasonable safeguards against gun trafficking, theft, and the use of straw purchasers. It permits civil lawsuits to be brought by New York state and local officials, as well as members of the public.
The industry trade group contended that the law is preempted by the federal Protection of Lawful Commerce in Arms Act of 2005, which shields the gun industry from civil liability when its products are used in crimes. The group argued that the law creates 'crushing liability' for companies and frustrates the exercise of Second Amendment rights.
The Manhattan-based 2nd U.S. Circuit Court of Appeals had upheld New York's law, with Circuit Judge Eunice Lee writing that Congress intended to preserve some causes of action when a defendant's knowing violation of firearms laws proximately caused harm. Circuit Judge Dennis Jacobs concurred but criticized the law as a contrived public nuisance statute.
New York argued that the ruling was consistent with Supreme Court precedent and that the federal law's 'predicate exception' allowed liability for some downstream acts of third parties. The appeal was supported by the National Rifle Association, 24 Republican state attorneys general, and several dozen Republican members of Congress.