The Supreme Court declined Monday to hear gunmakers’ challenge to New York’s law allowing civil lawsuits against gun manufacturers, wholesalers, and dealers, leaving in place a lower court ruling that upheld the measure.
The move is a setback for the firearms industry, which argued that New York’s law conflicts with a federal statute designed to shield gun companies from liability when their products are used in crimes.
The challenge was brought by the National Shooting Sports Foundation, the firearms industry’s leading trade group, along with major manufacturers including Smith & Wesson and Glock. The industry argued that New York’s public nuisance law is preempted by the federal Protection of Lawful Commerce in Arms Act, enacted by Congress in 2005.
New York’s law, signed in 2021 by then-Gov. Andrew Cuomo, a Democrat, allows the state, local governments, and private citizens to sue gun industry members for conduct that endangers public safety. The measure requires gun businesses to establish reasonable controls to prevent illegal gun trafficking, straw purchases, and other unlawful sales practices.
New York Attorney General Letitia James, whose office defended the statute, has argued the law gives victims and communities a mechanism to hold irresponsible gun industry actors accountable. Gun-rights groups and manufacturers counter that the law is designed to circumvent federal protections and burden lawful businesses.
The case comes as a growing number of blue states adopt similar measures. At least 10 states have enacted laws since 2021 aimed at allowing lawsuits against gun companies for alleged failures to prevent firearms from being diverted to illegal markets or causing harm.
Those states include New York, New Jersey, Delaware, California, Colorado, Illinois, Hawaii, Maryland, Washington, and Connecticut.
Virginia joined the trend this year when Gov. Abigail Spanberger (D-VA) signed a bill creating new legal avenues for holding firearms manufacturers accountable for certain unlawful business practices, part of broader gun-control legislation approved by the General Assembly, which features Democratic majorities in both chambers.
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While the Supreme Court declined to hear the challenge, New York’s law and other states’ legislation could still face future legal challenges.
The high court’s conservative majority typically supports gun rights. Last year, the court invoked the PLCAA when it tossed a lawsuit filed by Mexico against several U.S. gunmakers, claiming the companies were aiding and abetting gun sales funneled to drug cartels.