Suing Firearms Manufacturers
BY Herschel Smith
NYT.
ALBANY, N.Y. — New York State lawmakers passed legislation on Tuesday intended to allow civil lawsuits to be brought against firearm manufacturers and dealers, an attempt to circumvent the broad immunity gun companies currently enjoy under federal law.
The bill, passed by the Democratic-controlled State Legislature, is the first of its kind in the nation to specifically classify the illegal or improper marketing or sale of guns as a nuisance — a technical classification that state lawmakers say would open the gun industry to civil liability suits in New York.
The approach, if successful, could prompt other states to follow suit as many cities grapple with rising gun violence. Indeed, Gov. Phil Murphy of New Jersey has already indicated he supports a similar proposal.
The move comes a few months after President Biden reiterated his support of repealing a 2005 federal statute that gave gun manufacturers far-reaching immunity from being sued by victims of gun violence and their relatives.
The 2005 law, the Protection of Lawful Commerce in Arms Act, protects gun producers and firearm dealers from being held liable when crimes are carried out with their products. The federal statute, however, did not shield manufacturers in some cases, such as when they break state laws in their sales and marketing practices — an exception that the New York bill seeks to exploit.
State lawmakers believe that the gun industry can be held liable under state law if its sales and marketing practices create a nuisance. The bill requires that gun companies establish “reasonable controls” to prevent their guns from being used, marketed or sold illegally in New York. If the companies do not do so, the bill empowers the state attorney general and cities to take legal action against them, and allows individuals to seek damages if they were hurt as a result of a gun company’s actions.
There’s a relatively easy way to handle this. If this gets signed into law in NY, all firearms manufacturers who care about liberty should stop selling firearms to all law enforcement in the state of New York, including federal (FBI, Marshals Service, etc.) and all state, county and city law enforcement.
No Glocks, no S&W M&Ps, no Sigs, no FNs, no patrol rifles of any kind, including ARs, no long range bolt action rifles, and no replacement parts, build kits, or cleaning supplies (e.g., from Brownells, Midway, or anywhere). No ammunition sent to law enforcement in NY, not from individual suppliers or wholesalers, and no mail order (Ammoseek could quite easily exclude suppliers who send ammunition to New York state at all).
Do it and see how they like playing hard ball. But then, all firearms manufacturers and suppliers won’t make such a decision and follow through, will they?
Will they? Because $$$$.
Until they get sued themselves under the new law. There are ways to beat gun control – those ways just require a new paradigm and true commitment to something other than $$$$.