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Henry v. County of Nassau

The 2nd Circuit Court revived and remanded a lawsuit challenging Nassau County’s revocation of a pistol license, saying that “the district court failed to treat the right to keep and bear arms as an individual right.”

The case is Henry v. County of Nassau. Here is the order (PDF).

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Court case make effect part of SAFE Act

A court case in the 4th Circuit may have an effect down the line in New York.

One provision of the so-called SAFE Act was to raise the age to obtain a pistol license to 21. The 4th Circuit court just ruled that prohibiting 18-20 year olds from purchasing handguns is unconstitutional. New York is in the 2nd Circuit so the ruling doesn’t apply here, however, it is in conflict with an earlier ruling in the 5th Circuit leading to a possible SCOTUS challenge at some point.

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New law gives victims of gun violence in New York power to sue weapon dealer

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Lawsuit against gun manufactures coming soon

Governor Cuomo held a press conference/media event today to sign the gun manufacturers/dealers liability bill A-6762B/S-7196 into law.

During his presser, he declared a “Disaster Emergency” on “gun violence”:

“A surge in gun violence across cities across New York led Gov. Andrew Cuomo to declare a state of emergency Tuesday. The move, which Cuomo called a disaster emergency, means New York can bolster its law enforcement presence in cities where the shootings are on the rise and put additional state resources to crime-ridden areas, he said. Additionally, he said a new gun-violence prevention office will be established within the state Health Department, require police agencies to better report where the shootings are happening and establish a new council on gun violence reduction …”

I predict in the very near future the state will file a lawsuit against one or more gun makers based upon this nuisance theory in the bill.  It will go all the way to SCOTUS before the law will be overturned based upon the PLCCA.

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Gun liability bill awaiting signature, but raising questions

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