“We need to keep guns out of the hands of those who would do violence in our communities. It is lawful and Constitutional for states to enact legislation that protects their residents from bad actors in the gun industry,” said Attorney General Brown. “These entities should be held accountable under the law for any misconduct that threatens public safety.”
Several members of the firearms industry sued New York, arguing that the statute is preempted by federal law and is unconstitutional. The U.S. District Court for the Northern District of New York dismissed the lawsuit. The coalition of Attorneys General is now asking the appellate court to affirm the lower court’s ruling, which found that the law is not preempted by the Protection of Lawful Commerce in Arms Act, a federal law that limits civil remedies against gun industry members for harms caused solely by the misconduct of individuals who use firearms. The court also found that the law did not run afoul of either the Dormant Commerce Clause or the Due Process Clause of the U.S. Constitution.
