Category: Jurisprudence

I have been repeatedly warning that the state legislature has no intention of going along with any positive SCOTUS decision in NYSRPA v. Bruen.

From new bill A-8684, An act to amend the penal law, in relation to prohibiting firearms in certain locations:

“… (a) Any form of public transportation, including but not limited to railroads, ride sharing services, paratransit services, subways, buses, air travel, taxis or any other public transportation service; (b) Food and drink establishments; or (c) Large gatherings, which for the purposes of this section shall mean a gathering together of fifteen or more persons for amusement, athletic, civic, dining, educational, entertainment, patriotic, political, recreational, religious, social, or similar purposes …”

No companion bill yet.

The NSSF is taking legal action to try and block the public nuisance law targeting firearms manufactures the legislature passed this year.

From the justification statement in bill A-6762B/S-7196:

“Virtually every illegal firearm was once legal. Our country is awash with legal and illegal firearms and the People are paying the price in money and misery wrought by the illegal use of legal firearms. This unacceptable situation poses specific harm to New Yorkers based largely on their zip code and certain immutable characteristics such as race and ethnicity. Given the ease with which legal firearms flow into the illegal market — in spite of stringent state and local restrictions — and given the specific harm illegal firearm violence causes certain New Yorkers, those responsible for the sale, manufacture, importing, or marketing of firearms should be held liable for the public nuisance caused by such activities …”

Bill sponsor Zellnor Myrie is racist asshole known for trying to inject race where ever he can because he doesn’t have much else to go on.

From the industry press release:

“… New York’s “public nuisance” law would subject members of the firearm industry to civil lawsuits for the criminal misuse or unlawful possession of firearms in New York. The law would impose liability on industry members for firearms lawfully sold anywhere in the United States that end up being criminally misused or illegally possessed in New York thereby allegedly contributing to a “public nuisance” in the state. Today’s lawsuit challenges the New York law as preempted by the federal Protection of Lawful Commerce in Arms Act (PLCAA). It also challenges the law as unconstitutionally vague in violation of the Due Process Clause of the United States Constitution. The lawsuit further challenges the law as an impermissible attempt by New York State to regulate interstate commerce in violation of the Commerce Clause of the Constitution …”

Tish James responds:

“… “Once again, the gun lobby is trying to exert total control over this country and thwart common-sense efforts to protect lives. Make no mistake: We will aggressively defend this law and won’t back down against their continued attempts to endanger New Yorkers.” In July 2021, New York state passed a new law that restores the ability of the state and localities to bring civil liability actions against firearm manufacturers and sellers for their own bad conduct. In 2005, Congress took unprecedented action to usurp states’ rights and give gun manufacturers and distributors blanket immunity for gun violence perpetrated as a direct result of their marketing and distribution of firearms. This law combats that federal overreach and provides New York the ability to protect its own citizens.”

Blah, blah, blah.