Legislature passes law to hold gun manufacturers liable for illegal use

Legislature passes law to hold gun manufacturers liable for illegal use

guns and ammunition.JPG ALBANY, NY (WRGB) — A bill that would allow lawsuits against gun manufacturers and dealers whose weapons enter the criminal market is heading for Gov. Cuomo’s desk. Assemblymember Patricia Fahy (D – Albany) and Senator Zellnor Myrie (D – Brooklyn) announced today the New York State Assembly passed the first-in-the-nation legislation. The bill was passed by the Senate last week. A federal law, the 2005 Protection of Lawful Commerce in Arms Act (“PLCAA”), gives the gun industry unique protection that prohibits states from applying civil liability law to give justice to victims of their misconduct. In fact, the gun industry is the only industry to enjoy complete protection from civil liability law in the United States. However, PLCAA contains a “predicate exception” stating that states can pass a “predicate statute” to reinstate some liability. According to the Brady Campaign to Prevent Gun Violence, just 5% of gun dealers supply over 90% of illegal firearms recovered from violent crimes and shootings. By removing PLCAA’s complete liability immunity, it would simply allow gun companies to be held liable when they act unreasonably or recklessly, like when they choose to allow straw purchases, and bulk sales to traffickers. In turn, gun manufacturers would be incentivized to alter their business practice(s) and crack down on corrupt gun dealers, while finally holding those companies who do not take corrective action accountable for the damage and destruction their products cause. “Over 74% of all guns recovered from violent crimes and shootings in […]

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