Second Circuit Upholds New York’s Backdoor Gun Industry Liability Law

The Second Circuit just handed New York Attorney General Letitia James a massive win in her crusade against the firearms industry.

On July 10, 2025, the court upheld New York’s so-called “public nuisance” law that targets gun manufacturers and dealers, despite fierce challenges from the National Shooting Sports Foundation (NSSF), Beretta, Glock, Sig Sauer, Ruger, Smith & Wesson, and others.

The ruling allows New York to impose liability on gun companies if their marketing or sales practices “knowingly or recklessly endanger” public health. In plain English, it means the state can sue gun makers for criminal misuse by third parties if it deems their marketing “unreasonable.”

The NSSF and fourteen major gun companies argued that New York’s law blatantly conflicts with federal protections under the Protection of Lawful Commerce in Arms Act (PLCAA). That federal law shields gun makers from liability when criminals misuse firearms, with narrow exceptions for statutory violations.

But the Second Circuit disagreed. Writing for the court, Judge Eunice Lee said the plaintiffs “have not met their burden” to prove the law is unconstitutional in every application. The court found that:

• The law falls within PLCAA’s “predicate exception.” The panel ruled that because New York’s statute specifically regulates firearm sales and marketing, it qualifies as an allowable predicate statute under PLCAA.
• No violation of the Commerce Clause. The court said the law doesn’t unfairly discriminate against interstate commerce or impose undue burdens.
• Not void for vagueness. The judges ruled that firearm businesses have fair notice of what the law requires: “reasonable controls and procedures” to prevent illegal use.

This ruling effectively guts PLCAA protections in New York. It lets anti-gun politicians sue manufacturers out of existence by claiming their ads or distribution practices contribute to crime.

As NSSF argued, this law is “an undisguised state effort to reinstate what federal law expressly forbids.”

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Judge Dennis Jacobs issued a concurring opinion but agreed with the outcome. Multiple anti-gun groups filed amicus briefs backing New York, including Everytown, Giffords, Brady, and various blue states. The NRA and 20 Republican-led states supported the plaintiffs.

New York’s strategy here is simple: if you can’t ban guns outright, bankrupt the companies making them. This ruling gives other anti-gun states a green light to pass similar laws, creating a patchwork of liability threats that could force manufacturers to pull out of entire regions. While the decision only applies directly in the Second Circuit, its ripple effects could be enormous.

NSSF has not announced whether it will appeal to the Supreme Court, but given the stakes, further litigation is almost certain.