ALBANY, N.Y. (Legal Newsline) - Firearms groups and companies have sued the State of New York over a measure that exposes them to civil liability from criminal use of their products.
The National Shooting Sports Foundation, Beretta, Glock and others filed suit Dec. 16 in Albany federal court against state Attorney General Letitia James over a state law they say is preempted by the federal Protection of Lawful Commerce in Arms Act.
Though gun-makers continue to be sued over shootings, they are afforded protection from liability by federal law. Recently, the Nevada Supreme Court refused to change that in lawsuits brought over the deadliest mass shooting in American history.
Last year, then-Governor Andrew Cuomo signed SB 7196 into law. It allows lawyers to hold gun-makers liable for a "public nuisance," the suit says. It is designed to help lawyers and gun-violence victims get around the federal PLCAA, the suit says, even when guns used in New York shootings are manufactured elsewhere.
"By its terms, the Act therefore intentionally and purposefully regulates interstate commerce occurring wholly outside of New York, and excepts solely instrastate commerce of products manufactured and sold entirely within New York's borders," the suit says.