Gun makers urge US appeals court to shield them from N.Y. liability law
03/11/2023 19:53
By Brendan Pierson
Nov 3 (Reuters) - A lawyer for gun companies on Friday
urged a federal appeals court to strike down a New York law that
allows the state and people affected by gun violence to sue the
industry, arguing it is barred by federal law.
Matthew Rowen of Clement & Murphy, arguing on behalf of
several manufacturers and the National Shooting Sports
Foundation (NSSF), an industry group, told a 2nd U.S. Circuit
Court of Appeals panel in Manhattan that New York was trying to
dodge a federal law that shields the gun industry from lawsuits
over crimes committed with their products.
Dennis Fan, a lawyer for the state attorney general's
office, said the state was still allowed to regulate firearm
sales under the Protection of Lawful Commerce in Arms Act
(PLCAA) passed in 2005.
The New York law, signed by Democratic former New York
Governor Andrew Cuomo in July 2021, allows gun makers to be sued
if they "knowingly or recklessly create, maintain or contribute"
to a dangerous condition in the state with their products. NSSF
and companies including Smith & Wesson Brands Inc SWBI.O and
Sturm, Ruger & Co Inc RGR.BLUE sued to challenge it.
U.S. District Judge Mae D'Agostino upheld the law last year,
finding that it fell within an exception in PLCAA allowing gun
companies to be sued if they knowingly violate a state law.
Rowen said the law was vague and did not make clear to gun
companies what kind of conduct was illegal. He said that letting
New York authorize lawsuits against the companies with such
vague requirements essentially allowed the state to get around
PLCAA by adding "magic words."
Fan countered that PLCAA included provisions to "protect the
ability of state and federal governments to enact legislation
that regulates firearms." He said the requirement that gun
companies' conduct be knowing or reckless was specific enough.
Circuit Judge Raymond Lohier, who was appointed by
Democratic former president Barack Obama, was skeptical of
Rowen's argument, saying that the language in the law seemed to
fit in PLCAA's exception.
"You use this term magic words, but all I've got are words,"
he said.
On the other hand, Circuit Judge Dennis Jacobs, appointed by
Republican George H.W. Bush, was skeptical of Fan.
"You do have the problem that the governor who signed the
bill said, this is great, this is an opportunity to undo the
federal statute," he said. Cuomo, in signing the bill, had
called PLCAA's shield an "insult to victims of gun violence" and
promised the new law would "reinstate" liability for gun
companies.
"This is why you rely on the text," Lohier interjected.
"Of course, that's why I'm relying on the text, your honor,"
Fan said, to laughter. Congress, Fan continued, "didn't mean to
impose blanket immunity" with PLCAA.
Circuit Judge Eunice Lee, who was appointed by Democratic
President Joe Biden, asked few questions during the argument.
The court did not say when it would rule.
The law was put to the test last June, when a woman who was
injured by a mass shooter on a New York City subway sued the
maker of the gun used in the crime, Glock Inc. Both sides in
that case have agreed to put it on hold until the 2nd Circuit
rules in NSSF's case.
The case is National Shooting Sports Foundation et al v.
Letitia James, 2nd U.S. Circuit Court of Appeals, No. 22-1374.
For NSSF: Matthew Rowen of Clement & Murphy
For the state: Dennis Fan of the New York State Office of
the Attorney General
Read more:
Gunmakers lose challenge to New York law allowing lawsuits
against industry
New York subway shooting survivor sues gun manufacturer
Glock