Gun makers lose appeal of New York law that could make them liable for shootings
NEW YORK STATE, JUL 10 – The law allows civil suits against gun makers who knowingly or recklessly endanger public safety, aiming to bypass federal protection for firearm manufacturers, the court ruled.
- On Thursday, a federal appeals court based in Manhattan upheld a 2021 New York law that makes gun makers responsible for shootings involving their firearms within the state.
- The law was enacted to permit legal action against members of the gun industry for irresponsible marketing and sales practices, despite legal challenges asserting that it was overridden by a federal statute enacted in 2005 designed to shield firearms manufacturers from certain lawsuits.
- The appeals panel affirmed an Albany judge's dismissal of a facial challenge, ruling the statute is constitutional, not vague, and does not unlawfully regulate conduct outside New York.
- Circuit Judge Dennis Jacobs concurred, stating the law's application aligns with federal law and the Constitution, though its exact limits will be clarified in future cases.
- The ruling allows victims and cities to pursue claims against manufacturers, marking a significant legal advance in addressing gun violence in New York communities.
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Fed court upholds NY law holding gunmakers liable for shootings
(The Center Square) — A federal appeals court has upheld a New York state law holding gun manufacturers potentially liable when their weapons are used in deadly shootings after rejecting a challenge from gun rights groups.
US federal appeals court upholds New York law allowing lawsuits against gun manufacturers
The US Court of Appeals for the Second Circuit on Thursday upheld a New York law that permits state and private actors to sue gun manufacturers and sellers for contributing to gun violence. In its opinion, a three-judge panel rejected arguments that the state’s law is preempted by the federal Protection of Lawful Commerce in Arms Act (PLCAA), which shields gun makers from liability when their products are used unlawfully. Writing for the majorit…
2nd Circuit Lets New York Take Aim at Gun Industry, Gun Lobby Pushes Back
Opinion iStock-Vladyslava Yakovenko WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, is disappointed with the U.S. Court of Appeals for the Second Circuit’s ruling in NSSF v. James, the challenge to a New York State statute that attempts to circumvent the bipartisan Protection of Lawful Commerce in Arms Act (PLCAA). NSSF respectfully disagrees with the Second Circuit’s reasoning that NSSF did not meet its burden in showing that …
Federal court backs New York safety liability law against gunmakers
A federal appeals court on Thursday upheld a New York state law that holds gun manufacturers potentially liable for deadly shootings. The law requires the gun industry to prevent unlawful possession, use, marketing or sale of their products and opens them up to be sued for negligence in unlawful acts committed with their guns. Victims of gun violence and the state can sue manufacturers under the law. A three-judge appeals panel said the 2021 law…

Second Circuit Clears Path for Gun Violence Victims and New York Communities to Pursue Civil Accountability, reports Napoli Shkolnik
NEW YORK, July 10, 2025 /PRNewswire/ -- In a decision with sweeping implications for gun violence litigation across New York State, the U.S. Court of Appeals for the Second Circuit today upheld the constitutionality of New York's gun industry public…
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