Second Circuit Clears Path for Gun Violence Victims and New York Communities to Pursue Civil Accountability, reports Napoli Shkolnik
The ruling in National Shooting Sports Foundation, Inc. et al v. James, 22-1374-cv, rejected the firearms industry's challenge to General Business Law § 898-a-e, which allowed lawsuits against manufacturers and sellers of firearms that knowingly or recklessly contribute to public harm. The Second Circuit affirmed the dismissal of the industry's facial challenge to the law, holding that it is not preempted by the federal Protection of Lawful Commerce in Arms Act (PLCAA), does not violate the Dormant Commerce Clause, and is not unconstitutionally vague. Further, the Court held that the statute does not unlawfully regulate conduct beyond New York's borders.
Plaintiffs may now pursue claims against industry actors whose actions knowingly contributed to the gun violence crisis in New York.
Napoli Shkolnik, which represents the Cities of Buffalo and Rochester, New York in actions previously stayed due to this litigation, applauded the ruling. 'This decision restores a critical legal remedy for communities and individuals harmed by irresponsible and unlawful firearms business practices,' shares Partner Paul Napoli. 'Our clients now have a clear path to proceed and hold these companies fully accountable in a court of law.'
With the federal appellate court confirming that New York's statute falls squarely within the PLCAA's 'predicate exception,' cases previously placed on hold—including actions brought by cities across the state—can now proceed. The law requires gun industry members who do business in New York to implement 'reasonable controls' to prevent unlawful marketing and distribution of firearms.
'This issue does not concern lawful gun ownership — it concerns the firearms industry's duty to refrain from flooding the market and to ensure it does not turn a blind eye to diversion and illegal sales,' adds Partner Hunter Shkolnik.
Napoli Shkolnik is preparing to re-engage several cases in light of this decision and encourages other jurisdictions or affected individuals to reach out for a legal consultation.
About Napoli Shkolnik
Napoli Shkolnik is a national law firm with a proven record of success in complex commercial litigation, including cases addressing public nuisances and their impact on communities. With a dedicated team of attorneys, the firm delivers exceptional legal representation and fights for justice on behalf of those harmed by large corporations.
Website: https://www.napolilaw.com
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