The 2nd U.S. Circuit Court of Appeals has upheld New York's gun nuisance law, which holds the gun industry liable for injuries related to misconduct in the sale or marketing of firearms. The court found that the law is not preempted by federal law and does not violate interstate commerce principles. Section 898 requires gun industry members to implement controls against unlawful sales. Attorney General Letitia James called the ruling a significant victory for public safety, aimed at reducing gun violence in communities. The plaintiffs were unable to prove the law's unconstitutionality.
The 2nd U.S. Circuit Court of Appeals ruled that New York's gun nuisance law, imposing liability on the gun industry for misconduct in sales and marketing, is valid and enforceable.
Attorney General Letitia James described the ruling as a massive victory for public safety and the rule of law, aimed at combating gun violence in communities.
The court clarified that the plaintiffs failed to demonstrate that Section 898 is unconstitutional, noting the challenges posed by a facial, preenforcement challenge.
New York's Section 898 mandates that members of the gun industry adopt reasonable controls to prevent unlawful marketing or sales of firearms.
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