The U.S. Supreme Court continued to baffle watchers on both sides of the gun debate last week as it declined to hear a gun industry challenge to a New York law permitting lawsuits against gun makers and sellers for endangering public safety.
The Supremes have whipsawed on guns since issuing the devastating 2022 Bruen decision, which seemed to open the door to striking down all manner of gun laws. Since then, however, the court has declined to take multiple cases brought by the gun lobby in the hopes of overturning more regulations.
The National Shooting Sports Foundation, an industry group, was joined in this case by gunmakers, including Smith & Wesson, Ruger, Beretta, Glock, and Sig Sauer, appealing a lower court ruling upholding the New York law. The plaintiffs argued that the law conflicts with the 2005 federal Protection of Lawful Commerce in Arms Act (PLCAA), which protects the gun industry from civil liability when its products are used in crimes. Gunmakers have long feared that lawsuits brought over the use of their products could have the same devastating effect on them that similar lawsuits have had on the tobacco industry.
Colorado is one of several states that have taken action to actively bypass the federal law. The 2023 passage of the Jessi Redfield Ghawi Act repealed our state-level gun industry immunity, allowing victims of gun violence and public officials to sue firearm manufacturers and dealers for reckless or negligent business practices. Jessi Redfield Ghawi was a victim in the 2012 Aurora movie theater shooting.
Letitia James, New York’s Democratic attorney general, defended the New York law in court, and Governor Kathy Hochul called the outcome “a massive victory” in efforts to reduce gun violence.