New York law provides no special immunity to the gun industry.
In 2021, New York was also the first state in the country to enact a gun industry accountability law that provides an affirmative right of action to the state, certain municipalities, and private individuals who are harmed as a result of misconduct by a member of the gun industry.1
The law provides that “[n]o gun industry member, by conduct either unlawful in itself or unreasonable under all the circumstances shall knowingly or recklessly create, maintain or contribute to a condition in New York state that endangers the safety or health of the public through the sale, manufacturing, importing or marketing of” firearms or ammunition.2 It also provides that “[a]ll gun industry members who manufacture, market, import or offer for wholesale or retail sale” firearms and ammunition “in New York state shall establish and utilize reasonable controls and procedures to prevent [those] products from being possessed, used, marketed or sold unlawfully in New York state.”3 A violation of either of those provisions constitutes a public nuisance.4
The law empowers the state Attorney General and city corporation counsels to enforce the statute.5 It also provides that “[a]ny person, firm, corporation or association that has been damaged” from a public nuisance defined in the law can sue the responsible member of the gun industry.6
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- N.Y. Gen. Bus. Law §§ 898-a–898-e.
- N.Y. Gen. Bus. Law § 898-b(1).
- N.Y. Gen. Bus. Law § 898-b(2).
- N.Y. Gen. Bus. Law § 898-c.
- N.Y. Gen. Bus. Law § 898-d.
- N.Y. Gen. Bus. Law § 898-e.