Cuomo Ends Gun Manufacturer Immunity, Announces Plan To Sue Them Out Of Existence

Cuomo signed into law yesterday an order that allows prosecutors to hold gun manufacturers responsible for gun violence that can be linked to the manufacturers marketing and business practices. This is essentially public nuisance liability for gun manufacturers.

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New York Enacts First-in-U.S. Law to Limit Gun-Liability Shield; legislation uses public nuisance law to bring civil lawsuits

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New York Gov. Andrew Cuomo (D) on Tuesday signed legislation that makes it easier to bring civil lawsuits against gun manufacturers and dealers by bypassing the blanket immunity provided to the industry under federal law.

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The measure (A.6762B/S.7196) is the first-of-its-kind in the nation and would allow sellers, manufacturers, importers, or marketers of guns to be held liable for a “public nuisance,” defined as actions that harm the public, according to the new state law’s language.

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The use of public nuisance law is thought to be a sort of legal loophole to work around federal protections.

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President Joe Biden (D) has said he supports repealing gun manufacturers’ immunity from liability.

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The federal law allows states to pass these types of laws, which permit civil liability actions against gun companies when they violate state law, said Jonathan E. Lowy, chief counsel and vice president of the nonprofit Brady United Against Gun Violence, which worked to get the law passed in New York.

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“Litigation against gun companies has proven to be one of the most effective ways to reform the dangerous gun industry and it can save lives,” he said.

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The legislation aims to hold manufacturers and retailers responsible for the criminal actions of a non-associated third party, and would be “very harmful” to the industry, said Mark Oliva, director of public affairs for the National Shooting Sports Foundation, a firearm industry trade association.

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And the law is written in a way that would allow people in New York to sue retailers and manufacturers in other states, Oliva said.

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“I look forward to prosecuting the public nuisance law and I stand ready to defend it against all legal challenges.”
- Letitia James, NY Attorney General


“The governor’s decision to issue yet another executive order and declare gun violence a public health emergency is another example of his incessant need to circumvent the legislature and dictate policy from his bully pulpit.”
- William Barclay, NY Assembly minority leader


Bloomberg Law


Better buy more ammo while you can.