New York aims big on gun control — and misses, again

New York aims big on gun control — and misses, again

In hunting, there is an old adage: “aim small, miss small.” The point is that, if you want to hit a target, aim for a small part rather than the whole target. It is often the difference between a total miss and a marginal hit. In the area of Second Amendment law, the most promising legislative measures are the ones that aim small on the edges of the constitutionally-based right — the strategy used by abortion opponents. The problem is that politicians rarely want to aim small when they are trying to score big with voters. An example is the recent New York public nuisance law seeking to make gun manufacturers liable for gun crime. Not only is the law likely to be a large miss, it will likely deliver another blow to gun control efforts by adding precedent protecting Second Amendment rights. I’ve discussed the New York public nuisance law aimed at gun manufacturers, a law that doubles down on a failed legal theory using torts as a substitute for direct legislative bans or barriers. As expected, gun groups like the National Shooting Sports Foundation (NSSF) as well as 14 firearms manufacturers, distributors, and retailers are now filing suit. They should have an excellent shot at a preliminary injunction. The New York nuisance law was heralded by then-Gov. Andrew Cuomo as a response to the new “epidemic” facing New Yorkers. There is, of course, nothing new about gun violence in New York, but Cuomo and other New York […]

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