Overview

• A three-judge panel unanimously affirmed the 2021 statute on July 10, rejecting a facial challenge by the National Shooting Sports Foundation and 14 gunmakers.
• Circuit Judge Eunice Lee held that the law is not preempted by the federal Protection of Lawful Commerce in Arms Act and does not violate the dormant Commerce Clause.
• Circuit Judge Dennis Jacobs concurred with the ruling despite warning that the statute appears aimed at circumventing federal law.
• The law empowers New York, local officials and private parties to sue manufacturers, wholesalers and dealers for public health harms tied to firearms sales.
• Similar public nuisance statutes have been enacted or proposed in Delaware, New Jersey, Illinois, Washington, California and Hawaii, reflecting a growing multistate trend.