The Supreme Court declined Monday to hear gunmakers’ challenge to New York’s law allowing civil lawsuits against gun manufacturers, wholesalers, and dealers, leaving in place a lower court ruling that upheld the measure.The move is a setback for the firearms industry, which argued that New York’s law conflicts with a federal statute designed to shield gun companies from liability when their products are used in crimes.The challenge was brought by the National Shooting Sports Foundation, the firearms industry’s leading trade group, along with major manufacturers including Smith & Wesson and Glock. The industry argued that New York’s public nuisance law is preempted by the federal Protection of Lawful Commerce in Arms Act, enacted by Congress in 2005.
New York’s law, signed in 2021 by then-Gov. Andrew Cuomo, a Democrat, allows the state, local governments, and private citizens to sue gun industry members for conduct that endangers public safety. The measure requires gun businesses to establish reasonable controls to prevent illegal gun trafficking, straw purchases, and other unlawful sales practices.
New York Attorney General Letitia James, whose office defended the statute, has argued the law gives victims and communities a mechanism to hold irresponsible gun industry actors accountable. Gun-rights groups and manufacturers counter that the law is designed to circumvent federal protections and burden lawful businesses.
