A federal appeals court in Manhattan has backed a New York state law that holds gun makers responsible when their guns are used in deadly shootings. The 2nd U.S. Circuit Court of Appeals on Thursday upheld a previous ruling from an Albany judge, affirming that the law is neither unconstitutional nor too vague.
The law, passed in 2021, requires gun manufacturers to put reasonable controls in place to prevent illegal possession, use, marketing, or sale of firearms in New York. It also allows lawsuits against gun companies if their actions contribute to threats to public health or safety.
The National Shooting Sports Foundation, a trade group representing gun makers, challenged the law. They argued it was overridden by a federal law from 2005, which protects firearms companies from lawsuits that could harm the industry. But in 2022, a judge rejected that challenge, agreeing that the New York law closely follows long-standing public nuisance rules.
The decision drew praise from New York Attorney General Letitia James, who called it a big win for public safety and said it will help reduce gun violence. Eric Tirschwell, the head of Everytown Law, a group that works to prevent gun violence, said the law opens a way for victims to hold gun companies accountable.
However, one judge had some reservations. Judge Dennis Jacobs agreed with the decision but noted that New York’s law is a unique public nuisance rule aimed only at gun makers. He cautioned that the state seemed to be trying to get around the federal law’s protections. Still, he agreed the law can be enforced in a way that fits within federal rules and the Constitution.
For now, the ruling stands, but how the law will be applied in future cases remains to be seen. The decision marks a notable moment in the ongoing debate over gun liability and public safety in the state.