NY judge upholds law allowing victims of gun violence to sue gun industry
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NY judge upholds law allowing victims of gun violence to sue gun industry

A New York federal judge Wednesday upheld a New York law that allows victims of gun violence to sue the gun industry.

The National Shooting Sports Foundation and gun manufacturers, like Smith & Wesson and Sturm, Ruger & Co. brought the case because they claimed the state law violated the US Constitution. They also argue that the law preempts the Protection of Lawful Commerce in Arms Act (PLCAA), which protects gun manufacturers and dealers from being held liable in gun violence crimes committed with their products. 

In the decision written by US District Judge Mae D’Agostino, the court held that the New York law did not preempt D’Agostino also dismissed the claims that the New York law violated the Constitution’s Commerce Clause because it regulated interstate commerce and discriminated against in-state competitors, as well as regulating commerce outside of the state.

The ruling was released in the wake of this week’s Texas shooting.

New York Attorney General Letitia James said: “As we mourn the deaths of 19 innocent children lost to gun violence in Uvalde and the countless more in Buffalo and across America every day, this is a moment of light and hope, New York is proud to defend the right to impose reasonable gun restrictions that protect all of us. As public officials, we were elected to solve problems and address the needs of the people.”

In response to the ruling, senior vice president and general counsel for the National Shooting Sports Foundation Lawrence G. Keane said they disagreed with the decision and intended to appeal.