Governor Cuomo Signs Gun Manufacturer Liability Law!!! Firearms Declared A Public Nuisance!

Published on July 8, 2021
Duration: 8:26

New York Governor Andrew Cuomo signed legislation (S7196 and A6762-B) allowing individuals and organizations to sue gun manufacturers for damages caused by firearms, even if the manufacturer is not directly responsible for criminal acts. This law declares firearms a public nuisance and aims to circumvent the federal Protection of Lawful Commerce in Arms Act (PLCAA), which generally shields manufacturers from such lawsuits. The legislation is expected to face significant legal challenges due to its conflict with federal law and its broad, undefined terms like 'reasonable controls'.

Quick Summary

New York has enacted a law allowing civil lawsuits against gun manufacturers for damages caused by firearms, declaring them a public nuisance. This legislation aims to circumvent the federal Protection of Lawful Commerce in Arms Act (PLCAA), which generally shields manufacturers from such liability, and is expected to face legal challenges.

Chapters

  1. 00:00New York Gun Law Signed
  2. 00:07Channel Sponsors: Route 66 Shooting Sports Park
  3. 00:33USCCA Sponsorship Mention
  4. 00:43Gun Violence Emergency Declaration
  5. 01:01Prevention Funding Allocation
  6. 01:12Manufacturer Liability Bill Details (S7196, A6762-B)
  7. 01:37Public Nuisance Claim Explained
  8. 02:20Press Release on Manufacturer Responsibility
  9. 02:52Who Can Sue Under the New Law
  10. 03:11PLCAA vs. New York Law Comparison
  11. 03:34Vagueness of 'Reasonable Controls'
  12. 03:56Legality and PLCAA Conflict
  13. 04:25Cuomo's Misrepresentation of PLCAA
  14. 04:50False Comparison to Other Industries
  15. 05:26PLCAA Repeal Efforts
  16. 06:06Analysis of Cuomo's Statement
  17. 06:39Impact and Unconstitutionality Concerns
  18. 06:57Future Legal Challenges

Frequently Asked Questions

What is the new New York gun manufacturer liability law?

New York Governor Andrew Cuomo signed legislation (S7196 and A6762-B) that allows individuals and organizations to sue gun manufacturers for damages caused by firearms, classifying them as a public nuisance. This law aims to hold manufacturers responsible even when their products are used in criminal acts.

How does the New York law conflict with federal law?

The New York law directly challenges the federal Protection of Lawful Commerce in Arms Act (PLCAA), which generally shields gun manufacturers from civil liability when their products are used in crimes. PLCAA is a federal law, and its provisions typically preempt conflicting state laws.

Who can sue gun manufacturers under the new New York law?

Under the new New York legislation, a wide range of entities can initiate lawsuits against firearm manufacturers. This includes the Attorney General, any city Corporation Counsel, members of the public, corporations, and associations, effectively broadening legal standing.

What is the 'public nuisance' claim in relation to gun manufacturers?

The 'public nuisance' claim means that firearms themselves are being declared a nuisance that endangers public safety and health. This allows third parties to sue manufacturers if a criminal uses their firearm to cause harm, shifting liability from the criminal to the manufacturer.

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