The other non-Bruen NY gun case you should know about: NSSF et al v James

[C3D]

tl;dr version:

• Federal law says gunmakers and sellers are not liable for damages resulting from sales of guns. That law -- the Protection of Lawful Commerce in Arms Act, or PLCAA -- has an exception for when guns are sold in violation of law.
  
  
• NY passed a law that makes selling guns that create a "nuisance" illegal, essentially gutting the PLCAA because NY says any gun that leads to a crime is a nuisance.
  
  
• The National Shooting Sports Foundation and others sued Letitia James over this law, because the exception swallows the rule and makes the PLCAA meaningless.
  
  
• An Obama appointed judge named Mae D'Agostino upheld the New York law
  
  
• The case is now before the Second Circuit on appeal.

The New York law would open up firearms manufacturers to thousands of baseless lawsuits for conduct resulting from criminal misuse of their products and could bankrupt gun makers, which is exactly why the PLCAA exists (and why New York passed the law trying to end run the PLCAA).

The case went on oral argument before the Second Circuit earlier this week and a decision is now weeks away.

National Shooting Sports Foundation, Inc. v. James, 1:21-cv-01348 - CourtListener.com

Docket for National Shooting Sports Foundation, Inc. v. James, 1:21-cv-01348 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

www.courtlistener.com

 

[Carlos Hathcock]

Lequisha James is a buffet surfing, liberal, Demoratic whore. Fuck her.

 

[Acer-m14]

No more NASCAR .. car 31 hit me and pushed me into the wall .. its the Car manufacture fault ..

no more formula F1 too .. the car did it ..

from what i have seen .. the Next Gen cars are a POS .. hit the wall at 180 .. ohhh the car is still pretty .. but driver has brain damage ..

 

[Grimscale]

Hey, that's fine. Let the NY law be upheld.
It starts the slippery slope of suing every manufacturer for what criminals do with their product.

And, since politicians "manufacture" laws, we can now sue them when a criminal disobeys the law.
It's yet another way we can punish these miscreants for their unConstitutional bullshit.

 

[Jmac00]

Hey, a drunk hit my car, Jack Daniel's is in big trouble.

there goes the liquor industry

 

[Saltwater60]

This is why it’s imperative we remain control of one house or the other. I much prefer the senate.

 

[Paxal]

Can computer makers now be sued because hackers use there equipment to commit crimes? Can I sue Visa because someone stole my credit card and used it illegally?

 

[CaliberPlus]

I was so glad to see that lawsuit. That NY law keeps me awake at night. There is another that is proposed to make it easier to sue gun stores, distributors, etc., civilly.