Novel NY Gun Ruling Opens Door for Public Nuisance Firearm Laws

A novel Second Circuit ruling last week backing New York’s law allowing the state to sue firearm makers and sellers for gun violence could encourage other states to follow suit.

The court made clear the state’s public nuisance gun law is allowed under the federal Protection of Lawful Commerce in Arms Act, which is intended to protect the gun industry from liability when someone uses their products to commit a crime or injure someone.

The panel’s decision acknowledges that state legislatures “can create new avenues to hold gun makers liable for harms caused by their products” in line with federal ...