Spectrum News reports:
“State lawmakers passed a law in 2021 that allows the New York state attorney general to sue gun manufacturers if they’re believed to have been negligent and if they may have played a part in gun violence. The law allows the AG to sue manufacturers even if they’re out of state … “All I can say to you is that there’s an ongoing investigation and we are developing some facts,” Attorney General Letitia James said when asked if her office would sue the manufacturer of the gun in the mass shooting last weekend in Buffalo that left 10 people dead and three others injured. “So until such time as we develop a fact pattern and we could identify some specific targets that engaged in negligence, then we will take action.” …”
The bill in question is A-6762B/S-7196. From the Justification statement:
“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 …”
Back to the news report:
“… James says the law requires the state to find a pattern of nuisances in order for a case to carry any weight …”
No, it doesn’t. From the bill itself:
“… No gun industry member, by conduct either unlawful in itself or unreasonable under all the circumstances shall knowingly or recklessly create, maintain or contribute to a condition in New York state that endangers the safety or health of the public through the sale, manufacturing, importing or marketing of a qualified product. All gun industry members who manufacture, market, import or offer for wholesale or retail sale any qualified product in New York state shall establish and utilize reasonable controls and procedures to prevent its qualified products from being possessed, used, marketed or sold unlawfully in New York state …”
The gun industry has filed a lawsuit challenging this new law in court. The law remains in effect during this time.
Given that Tish James is an antigun ideologue and given that Democrats are desperately trying to divert attention away from the total disaster that is the Biden administration, I believe she will file a lawsuit with much grandstanding in the near future. Even if it ultimately gets shot down in court by the PLCAA she will still claim victory by forcing the industry to waste money defending themselves in court.
