Gun Industry Fails to Get Rehearing in NY Public Nuisance Appeal

The Second Circuit on Tuesday said it will not reconsider arguments in a case challenging New York’s public nuisance law that allows the state to sue firearm makers and sellers for gun violence.

All 13 active judges of the US Court of Appeals for the Second Circuit considered and rejected the National Shooting Sports Foundation’s petition seeking an en banc rehearing of the court’s July decision upholding the state law. The trade organization and individual gun manufacturers argued the decision put the court in “direct conflict with” the Ninth Circuit and the DC Court of Appeals and adopts a reading ...