Supreme Court leaves New York gun-industry liability law intact
The U.S. Supreme Court on Monday declined to hear a gun-industry challenge to New York's 2021 firearms liability law, leaving in place a measure that lets gunmakers be sued when their products cause harm to the public.
The justices refused, without comment, to take up the appeal, meaning the law remains in effect and a lower-court ruling that upheld it stands. The decision is a setback for the firearms industry, which had argued the statute conflicts with federal law.
What the New York law does
The 2021 statute allows the state, local governments and private citizens to sue gun manufacturers, wholesalers and dealers for conduct that endangers public safety. Under the law, firearms products can be treated as a "public nuisance" when an industry member knowingly or recklessly contributes to conditions that threaten the health or safety of New Yorkers.
The measure was written specifically to work around the 2005 federal Protection of Lawful Commerce in Arms Act, known as PLCAA, which created a broad liability shield protecting gunmakers from civil suits when their products are used in crimes. According to NBC News, the law permits various claims under state law, including alleged conduct that endangers public health.
The statute was signed by former Gov. Andrew Cuomo, a Democrat, the same year he declared a state of emergency over gun violence. "The only industry in the United States of America immune from lawsuits are the gun manufacturers, but we will not stand for that any longer," Cuomo said when he signed the bill, the Times Union reported.
Who brought the challenge
The challenge was led by the National Shooting Sports Foundation, the firearms industry's leading trade group, along with major manufacturers including Smith & Wesson and Glock. The Times Union reported the underlying lawsuit was filed in December 2021 on behalf of 14 gun-industry member organizations and a trade association.
The plaintiffs argued that the federal law preempts New York's measure and that, if allowed to stand, the state statute would render PLCAA meaningless. They contended the law was designed to exploit a loophole and burden lawful businesses. Readers weighing their own options can review this general guide on how to sue a company.
How the courts ruled
The lawsuit, filed in federal court in Albany, was dismissed in May 2022 by U.S. District Judge Mae A. D'Agostino, who ruled that New York's law did not violate PLCAA. "Congress clearly intended to allow state statutes which regulate the firearms industry," she wrote, according to the Times Union.
The 2nd U.S. Circuit Court of Appeals affirmed that conclusion in a July 2025 ruling. With the Supreme Court's denial Monday, that appeals-court decision remains the final word in the case.
New York Attorney General Letitia James, a Democrat whose office defended the statute, had urged the justices not to take the case. The federal law "allows gun industry members to be held liable for the downstream acts of third parties in some circumstances," James said in court papers, NBC News reported.
Broader context
Gov. Kathy Hochul welcomed the outcome in a statement Monday. "New York will not allow gun manufacturers to profit from tragedy," Hochul said, adding that the state's gun-safety laws are "some of the toughest in the nation."
The court's conservative majority generally backs gun rights. As recently as last year, the justices invoked PLCAA to throw out a lawsuit brought by the Mexican government against U.S. gunmakers over firearms funneled to drug cartels, as the Washington Examiner noted.
The New York law could still face future legal challenges, and it remains unclear whether any civil cases have yet been pursued under it.
Frequently Asked Questions
What did the Supreme Court decide?
The court declined to hear the gun industry's appeal, without comment. That leaves New York's 2021 liability law in effect and lets the lower-court ruling upholding it stand.
What does New York's 2021 law allow?
It lets the state, local governments and private citizens sue gun manufacturers, wholesalers and dealers for conduct that endangers public safety, treating such conduct as a public nuisance under state law.
What is the 2005 PLCAA?
The Protection of Lawful Commerce in Arms Act is a federal law that shields gunmakers from many civil suits when their products are used in crimes. New York wrote its law to operate within an exception to that shield.
Can the law still be challenged?
Yes. Although the Supreme Court declined this appeal, the New York law and similar measures in other states could face future legal challenges.
Sources
Reporting compiled from court records and the cited source outlets.