US Supreme Court Lets New York 2021 Gun-Liability Law Stand
Updated
Updated · The Guardian · Jun 15
US Supreme Court Lets New York 2021 Gun-Liability Law Stand
3 articles · Updated · The Guardian · Jun 15
Summary
The justices on Monday refused to hear the National Shooting Sports Foundation’s appeal, leaving intact a lower-court ruling that upheld New York’s law allowing suits against gun makers, wholesalers and dealers.
The industry had argued the 2021 statute is preempted by the 2005 Protection of Lawful Commerce in Arms Act, which broadly shields gun companies from civil liability when their products are used in crimes.
The 2nd U.S. Circuit Court last year said Congress preserved at least some claims when a company’s knowing violation of firearms sales or marketing laws proximately causes harm.
New York’s law requires reasonable safeguards against trafficking, theft and straw purchasers, and lets state and local officials as well as private plaintiffs bring civil cases.
The setback comes despite the Supreme Court’s three major gun-rights rulings since 2008 and support for the appeal from the NRA, 24 Republican attorneys general and dozens of Republican lawmakers.
Why are 'public nuisance' lawsuits against gun makers succeeding in some states while failing in others?
As state liability laws spread, will gun makers be forced to change their products and business models to survive?
Supreme Court Refuses Gun Industry Challenge: New York’s Liability Law Stands, Paving Way for State Lawsuits Nationwide
Overview
On June 15, 2026, the Supreme Court refused to hear the gun industry’s challenge to New York’s 2021 gun-liability law, effectively upholding the law and ensuring it remains enforceable. This decision means New York can continue to hold gun manufacturers accountable for gun violence through public nuisance lawsuits, especially against makers of untraceable 'ghost guns.' As a result, the gun industry now faces greater legal risks in New York, and this move could inspire other states to adopt or strengthen similar laws, potentially expanding gun industry liability across the country.