Following in the Biden administration’s footsteps, New York Gov. Andrew Cuomo believes the crime spike in his state is a “guns problem,” not a “criminals problem,” and signed off on legislation that makes the Empire State the first in the nation to allow gun manufacturers, sellers, importers or marketers of guns to be held liable for causing harm to the public.
The legislation bypasses the blanket immunity provided to the industry under federal law, allowing people to sue those manufacturing guns for creating a “public nuisance,” defined as actions that harm the state’s residents.
“The gun industry is the only industry in America with immunity from civil lawsuits,” Mr. Cuomo tweeted Tuesday. “It’s an insult to victims of gun violence. Today I’m signing legislation to reinstate public nuisance liability for gun manufacturers in NYS.”
First of all, this is a false statement. The gun industry can absolutely be sued in civil court if they manufacture a faulty piece of equipment or their products have defects. What they’re not liable for are the criminal misuses of their products, just like knife makers aren’t responsible for stabbings and car makers are not at fault for hit and runs.
If deemed Constitutional — and believe me, there will be litigation contesting this legislation — the gun industry will surely be put out of business and law-abiding gun owners will have a harder time exercising their Second Amendment right.
Will crime fall? Probably not. For its people, not guns, that commit crimes, and New York state in particular has enacted policies that allow for more criminals to be let loose on its streets.
New York City, where shooting incidents in May spiked 73% compared to the same period last year, has instituted some of the most liberal, progressive criminal justice reforms in the country. It became the first city in the nation to end qualified immunity – meaning New York City Police officers can now be sued by individuals for simply doing their job patrolling the streets.
By Kelly Sadler
