fire arms |
Source : Getty Images
–
A gun industry trade group and 14 gun companies, including Smith & Wesson, have filed a lawsuit in federal court claiming that a New York law that makes it easier to sue manufacturers of guns weapons is unconstitutional.
Main facts
- In July, former Governor Andrew Cuomo signed a new law that allows government agencies and individuals to bring civil suits against those involved in the sale, production, distribution, importation and marketing of firearms for failing to prevent the illegal use of firearms.
- The National Shooting Sports Foundation – one of the plaintiffs in Thursday’s lawsuit – said in a statement that New York law is “designed to blame” gun companies for misuse or illegal possession. firearms in New York, regardless of where they were purchased.
- The plaintiffs challenged the constitutionality of the law on the grounds that it attempts to override a federal law passed in 2005 that protects gun manufacturers from prosecution.
- In response to the lawsuit, New York State Attorney General Letitia James issued a statement pledging to fight this lawsuit: “Make no mistake: we will aggressively defend this law. and will not back down from their continued attempts to endanger New Yorkers ”.
The context
Under New York law, gun companies are required to institute “reasonable controls” to prevent the illegal possession, use, trade or sale of firearms. For example, sellers are supposed to use controls to prevent product theft or sales to “traffickers, persons prohibited from possessing firearms under state or federal law, or people who risk injuring themselves or others ”. The law states that state and local government groups, as well as anyone who has suffered harm as a result of non-compliance with the law, can bring civil suits for violations, meaning that victims of violence army could seek to hold arms manufacturers accountable in court. In July, Andrew Cuomo also declared a gun violence disaster emergency, which he described as a “public health crisis.” At the heart of Thursday’s lawsuit is the Legal Arms Trade Protection Act, a 2005 federal law that protects gun manufacturers from liability when their products are used in crimes. Letitia James said in her statement that New York law protects the public and “fights this federal overshoot” of the 2005 law.
Article translated from Forbes US – Author: Lisa Kim
<<< À lire également : Les ventes d’armes à feu atteignent des niveaux records alors que les États-Unis sont confrontés à une nouvelle fusillade dans une école >>>
–
