Overview

• A unanimous three-judge panel rejected a facial challenge by the National Shooting Sports Foundation and 14 major firearms firms, including Glock and Smith & Wesson
• Circuit Judge Eunice Lee held that New York’s 2021 statute is neither preempted by the federal Protection of Lawful Commerce in Arms Act nor vague on compliance requirements
• The decision also found no violation of the dormant Commerce Clause, emphasizing the law’s focus on public health and safety rather than economic protectionism
• Judge Dennis Jacobs concurred with reservations, criticizing the law’s targeted scope but agreeing it can coexist with federal gun-industry protections
• By affirming a May 2022 ruling from U.S. District Judge Mae D’Agostino, the appeals court leaves the public nuisance statute fully enforceable and available for future suits