Constitutional Law
2nd Circuit decision upholding New York’s gun liability law is ‘massive victory,’ state AG says
A federal appeals court has rejected a challenge to a New York gun nuisance law that imposes liability for injuries stemming from misconduct in the sale or marketing of firearms. (Image from Shutterstock)
A federal appeals court has rejected a challenge to a New York gun nuisance law that imposes liability for injuries stemming from misconduct in the sale or marketing of firearms.
In a July 10 opinion, the 2nd U.S. Circuit Court of Appeals at New York affirmed dismissal of the lawsuit filed by the National Shooting Sports Foundation and 14 of its members.
The 2021 state law is not preempted by federal law, it does not violate principles of interstate commerce, and it is not void for vagueness, the 2nd Circuit said in an opinion by Judge Eunice C. Lee, an appointee of former President Joe Biden.
New York’s gun safety laws are among the toughest in the nation, said New York Attorney General Letitia James in a July 10 press release.
“This decision is a massive victory for public safety and the rule of law and will help us continue to fight the scourge of gun violence to keep our communities safe,” she said.
The gun nuisance law known as Section 898 requires members of the gun industry to establish reasonable controls to prevent guns from being marketed or sold unlawfully in New York. The law also permits civil suits against members of the gun industry who knowingly or recklessly endanger the safety or health of the public through their sale or marketing of firearms.
The plaintiffs did not show that Section 898 is unconstitutional in its applications, the appeals court said, noting that the suit was a facial, preenforcement challenge that is generally more difficult to succeed.
The suit had alleged that the New York law is preempted by the federal Protection of Lawful Commerce in Arms Act. The federal law was adopted in 2005 to bar suits against members of the gun industry for harm caused by criminal or unlawful misuse of guns by others.
The federal law allows suits, however, when a member of the gun industry knowingly violates a state or federal law governing the marketing of firearms, a provision known as the “predicate exception.”
The New York law was designed to fall within the predicate exception, which shows Congress’ intent to preserve at least some suits from knowing violation of state and federal laws, the 2nd Circuit said.
In a concurrence, Judge Dennis Jacobs agreed that the New York law could be applied consistent with the federal law in some applications, which defeats the legal challenge. The law is vulnerable, however, in future challenges based on the law as applied in specific situations, he said.
The federal law “shut the door on litigation that would destroy the nation’s firearms industry,” said Jacobs, an appointee of former President George H.W. Bush. “The intent of Congress when it closes a door is not for states to thus jimmy a window.”
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