Posted on 07/10/2025 11:55:52 AM PDT by E. Pluribus Unum
Summary
NEW YORK, July 10 (Reuters) - A federal appeals court on Thursday upheld a New York public nuisance law exposing the gun industry to possible civil lawsuits for violence caused when people use their products.
The 2nd U.S. Circuit Court of Appeals in Manhattan rejected a facial challenge to the law by the National Shooting Sports Foundation trade group and 14 members including Beretta, Glock, Sig Sauer, Smith & Wesson (SWBI.O), and Sturm, Ruger (RGR.N).
Signed by Democratic Governor Andrew Cuomo in July 2021, the law lets New York, local officials and the public sue manufacturers, wholesalers and dealers for endangering people's safety and health through sales of firearms and ammunition.
In a 3-0 decision, Circuit Judge Eunice Lee said the law was not preempted by the federal Protection of Lawful Commerce in Arms Act of 2005, which shielded the firearms industry from civil liability when its products are used in crimes.
Lee said Congress intended to preserve "at least some causes of action" for knowing violations of state firearms sales and marketing laws, and New York's law was not vague about how the gun industry could comply.
She also said the law did not violate the U.S. Constitution's dormant Commerce Clause by discriminating against interstate commerce, citing the law's public health and safety goals and absence of specifically identified economic burdens.
A spokesperson for the gun industry plaintiffs had no immediate comment. The office of New York Attorney General Letitia James, who defended the state law, also had no immediate comment.
Circuit Judges Raymond Lohier and Dennis Jacobs joined Lee's decision. Lee was appointed to the bench by Democratic President...
(Excerpt) Read more at reuters.com ...
Boxing glove makers are next
Lawsuits on trees next? They grow iimbs that are made into clubs, ya know.
At some point sane states will need to end all reciprocities with NY. Anything that comes from an NY court, civil or otherwise, should be completely unenforceable outside the borders of that hellhole.
More stupid crap from idiot/corrupt/insane judges.
Straight to the Supremes.
“In a 3-0 decision, Circuit Judge Eunice Lee said the law was not preempted by the federal Protection of Lawful Commerce in Arms Act of 2005, which shielded the firearms industry from civil liability when its products are used in crimes.”
Sounds like it will be overturned eventually. Wonder what’s so special about this law that it’s not preempted by federal law?
Since when does state law preempt federal law?
The thing about “public nuisance” statutes - at least in my town - is that they say certain things are included in the list but the list is not conclusive. In the end, anything that the compliance officer (in our case the police chief) thinks is “unsightly” or “reduces property values” or “poses a health risk” can be deemed as a public nuisance and the home-owner is given a deadline to change it or else the city will do it themselves and then charge the homeowner.
So basically, the compliance officer can end anything he/she wants, and the statute authorizes it.
In my town it also talks about “useless vegetation”, so if my police chief doesn’t like marigolds they are as good as illegal to me. Probably the only vegetation that’s exempt is marijuana because there’s a specific law allowing its use. I don’t know what happens when a law contradicts the aesthetic preferences of the police chief.
We asked for clarification and got no reply.
>Wonder what’s so special about this law that it’s not preempted by federal law?
Idiot judges appointed by Dem Presidents? Or maybe just approved by Dem Senators, when that system was in place?
Just like I say with oil companies, stop selling to the state of NY. If they want to go against your industry, stop selling your product to the state. No firearms for NYPD, NY State Police, prison guards etc. No ammo, nothing…
The leftists ignore the 2nd Amendment.
Well yes, but the problem is that NY is ignoring the 2nd amendment. State law does not preempt federal. Typical liberal crap.
I like it.
I don’t live in New Yawk and I don’t do drugs. I’ve got a question. Which causes the most “nuisance”? Manufacturers of GUNS OR Manufacturers of CARS? This is commie BS. Everybody with a gun in New Yawk needs to spend a weekend being a “nuisance”. All of the manufacturers of GUNS need to get together and countersue for $40 million.
It’s time for New Yawk to sue every female over 12 for creating nuisances and allowing them to run the streets and cause all kinds of “violence” including murder.
A freak court in Manhattan. What a joke.
Inquiring minds want to know?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.