Eighteen state AGs, including Vermont’s, voice support for New York gun-industry liability law

By Bruce Walker | The Center Square

A coalition of 18 state attorneys general, all Democrats, on Wednesday submitted an amicus brief in support of New York’s firearms industry accountability law.

In the brief, the coalition led by Illinois Attorney General Kwame Raoul asserts the law’s legitimacy to protect residents public health, safety and welfare.

The law in question aims to hold the firearms industry legally liable for what the prosecutors label “irresponsible sale and marketing of firearms when that conduct results in harm to the public. Under the law, public officials or private citizens can file a lawsuit against a gun industry member when they knowingly or recklessly endanger the safety or health of the public in New York state through the unlawful or unreasonable sale, manufacturing, importing, or marketing of firearms. Gun industry members can also be held liable when they fail to use reasonable controls and procedures to prevent firearms from being unlawfully used or sold in New York state.”

New York became the first state in the nation to enact a gun accountability law in 2021. The law is facing court challenges, which contend it is unconstitutional and preempted by federal law. An initial lawsuit was dismissed by the U.S. District Court for the Northern District of New York. The attorneys general brief seeks to persuade an appellate court to uphold the lower court’s ruling.

“Although the amici States have taken different approaches when enacting measures designed to curb and remediate the effects of gun violence, they agree that public nuisance causes of action like the one created by § 898 — which addresses the gun industry members’ own misconduct — fall well within the States’ sovereign authority to protect their residents and to ‘provide tort remedies to their citizens as they see fit,'” Raoul wrote in the brief.

In a statement on the Smith & Wesson website, CEO Mark Smith countered what he characterizes as anti-Second Amendment legislation, including the New York statute.

“It is no surprise that the cities suffering most from violent crime are the very same cities that have promoted irresponsible, soft-on-crime policies that often treat criminals as victims and victims as criminals,” Smith said. “Many of these same cities also maintain the strictest gun laws in the nation. But rather than confront the failure of their policies, certain politicians have sought more laws restricting the 2nd Amendment rights of law-abiding citizens, while simultaneously continuing to undermine our institutions of law and order. And to suppress the truth, some now seek to prohibit firearm manufacturers and supporters of the 2nd Amendment from advertising products in a manner designed to remind law-abiding citizens that they have a Constitutional right to bear arms in defense of themselves and their families. To be clear, a Smith & Wesson firearm has never broken into a home; a Smith & Wesson firearm has never assaulted a woman out for a late-night run in the city; a Smith & Wesson firearm has never carjacked an unsuspecting driver stopped at a traffic light.”

Attorneys general signing the brief were from California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.

“It’s time for gun manufacturers and dealers to be held accountable when they act irresponsibly, such as in failing to prevent the straw purchasing of guns or employing marketing strategies that target vulnerable youth,” Michigan Attorney General Dana Nessel said in a statement. “The New York law is common-sense firearm legislation that imposes reasonable regulations to respond to the gun industry’s misconduct. I proudly stand with my colleagues in supporting New York’s desire to protect the public by enacting this new law.”

Image courtesy of Public domain
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12 thoughts on “Eighteen state AGs, including Vermont’s, voice support for New York gun-industry liability law

  1. Under what authority does the Atty. General of Vermont seek to support what is or isn’t going on in the State of New York? Since the Vermont Atty. Gen. works for the people and citizens of Vermont, has the Atty. Gen. been requested by its citizens to get involved in New York State’s business?
    Doesn’t Vt.’s Atty. Gen. have enough to do to serve the people and citizens of Vermont?

  2. The impact of NY’s law restated for applicability to other errant manufacturers….

    “It’s time for vaccine manufacturers and dealers to be held accountable when they act irresponsibly, such as in failing to investigate of the risk of their vaccine or employing marketing strategies that target vulnerable youth,” Michigan Attorney General Dana Nessel said in a statement. “The New York law is common-sense vaccine legislation that imposes reasonable regulations to respond to the vaccine industry’s misconduct. I proudly stand with my colleagues in supporting New York’s desire to protect the public by enacting this new law.”

  3. THE DUNNING – KRUGER EFFECT

    The Dunning-Kruger Effect occurs when incompetent people not only fail to realize their incompetence but consider themselves much more competent than everyone else.
    BASICALLY, THEY’RE TOO STUPID TO KNOW THAT THEY’RE STUPID.

  4. Legislators need to be held responsible for laws that hurt the public and their monetary holdings. What a bunch of bull crap are all these AG’s sponsored by Soros? I’m sure they are mostly D’s and maybe rinos. Guns don’t kill people, mental deviant people kill people.If this passes look for millions of self made AUTOMATIC guns to be on the black market..

  5. What a cockamamy law. What control can manufacturers of anything have over secondary market distribution? What control over users of their product? Guns are used to forestall or stop violence more often than as a tool to commit it. Are the manufacturers credited for that? That, too, is out of their hands. Now, let’s talk liability for violence committed by perps whom Progressive district attorneys released even though they were arrested for physical assault and already had a police record for it. If the Progressives wanted to attenuate the rapid increase in gun purchases, they would prosecute and incarcerate the perpetrators of crimes. They would control immigration. They would seek solutions to the often deranged homeless mobs. Fear drives the purchase of defenses – and the Democrats are the promoters of that fear.

  6. The law in question aims to hold the firearms industry legally liable, and ” only the firearm
    industry ” for irresponsible sale and marketing of firearms…………. what a joke, and it really
    shows when Vermont’s AG joins the liberal bandwagon……. how pathetic !!

    What about ” irresponsible humans ” using, alcohol, drugs, or just plain old criminals, Nah
    that would be doing their job, or what about the automobile industry and their irresponsible
    advertising ??

    When Guns are outlawed, only outlaws will have guns, it’s coming sooner than you think.

  7. Car dealers and manufacturers should be held responsible for car accidents by irresponsible people. They have a duty to sell only to safe drivers. Some hospital should be held responsible for the birth of politicians like Bray and McDonald. I have not posted any remark like this before.

    • And we need to have a background check for any instance of alcohol abuse before being able to purchase a car. And a one week waiting period before picking it up.

  8. Car dealers and manufacturers should be held responsible for car accidents by irresponsible people. They have a duty to sell only to safe drivers. Some hospital should be held responsible for the birth of politicians like Bray and McDonald.

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