In a decision with sweeping implications for gun violence litigation across New York State, the U.S. Court of Appeals for the Second Circuit today upheld the constitutionality of New York\u2019s gun industry public nuisance statute, affirming the right of victims and cities to seek justice through the courts.<\/p>\n\n\n\n
The ruling in National Shooting Sports Foundation, Inc. et al v. James, <\/em>22-1374-cv, rejected the firearms industry\u2019s challenge to General Business Law \u00a7 898-a-e, which allowed lawsuits against manufacturers and sellers of firearms that knowingly or recklessly contribute to public harm. The Second Circuit affirmed the dismissal of the industry\u2019s facial challenge to the law, holding that it is not preempted by the federal Protection of Lawful Commerce in Arms Act (PLCAA), does not violate the Dormant Commerce Clause, and is not unconstitutionally vague. Further, the Court held that the statute does not unlawfully regulate conduct beyond New York\u2019s borders.<\/p>\n\n\n\n Plaintiffs may now pursue claims against industry actors whose actions knowingly contributed to the gun violence crisis in New York.<\/p>\n\n\n\n Napoli Shkolnik, which represents the Cities of Buffalo and Rochester, New York in actions previously stayed due to this litigation, applauded the ruling. \u201cThis decision restores a critical legal remedy for communities and individuals harmed by irresponsible and unlawful firearms business practices,\u201d shares Partner \u30dd\u30fc\u30eb\u30fb\u30ca\u30dd\u30ea<\/a>. \u201cOur clients now have a clear path to proceed and hold these companies fully accountable in a court of law.\u201d<\/p>\n\n\n\n With the federal appellate court confirming that New York\u2019s statute falls squarely within the PLCAA\u2019s \u201cpredicate exception\u201d, cases previously placed on hold\u2014including actions brought by cities across the state\u2014can now proceed. The law requires gun industry members who do business in New York to implement \u201creasonable controls\u201d to prevent unlawful marketing and distribution of firearms.<\/p>\n\n\n\n \u201cThis issue does not concern lawful gun ownership \u2014 it concerns the firearms industry\u2019s duty to refrain from flooding the market and to ensure it does not turn a blind eye to diversion and illegal sales,\u201d adds Partner \u30cf\u30f3\u30bf\u30fc\u30fb\u30b7\u30e5\u30b3\u30eb\u30cb\u30af<\/a>.<\/p>\n\n\n\n Napoli Shkolnik is preparing to re-engage several cases in light of this decision and encourages other jurisdictions or affected individuals to reach out for a legal consultation.<\/a><\/p>\n\n\n\n