NSSF Sues New York AG for Violation of Constitution, PLCAA, and Due Process

AmmoLand ^ | January 5, 2022 | Dean Weingarten

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On July 6, 2021, New York Governor Andrew Cuomo signed SB 7196 into law. The law is specifically designed to overrule the federal Protection of Lawful Commerce in Arms Act (PLCAA).

On December 16, 2021, the National Shooting Sports Foundation (NSSF) and 14 additional plaintiffs (including, I am glad to say, a local gun store, Sprague’s of Yuma, Arizona) sued the Attorney General of New York, Letitia James, to stop implementation of the law, designed to violate the Constitutional rights of all Americans. From the lawsuit:

1. This lawsuit challenges the constitutionality of a New York statute that was enacted with the express purpose of overruling the judgment of Congress by expanding New York tort law to regulate the conduct of tens of thousands of businesses operating in every state, regardless of whether those businesses fully comply with all applicable federal, state, and local laws in their home jurisdictions.

2. New York and its political subdivisions have sought for years to impose civil liability on manufacturers and sellers of firearms and ammunition (“Firearm Industry Members”) for criminal or unlawful misuse of their products by third parties in New York—even when those products were lawfully manufactured and sold out of state.

Letitia James doesn’t even pretend the law is not about overturning federal law. Here is the public statement by New York Attorney General Letitia James:

“In 2005, Congress took unprecedented action to usurp states’ rights and give gun manufacturers and distributors blanket immunity for gun violence perpetrated as a direct result of their marketing and distribution of firearms. Plain and simple, this was federal overreach to protect the gun industry in every way possible. But, today, New York state took an important step to right that wrong and protect its citizens from

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The AG of New York State does not try to hide her blatant disregard for the law. She states her purpose is to make firearms manufacturers liable for criminal actions over which they have no control.

[S.O.S121.500]

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