Multinational coalition claims states have the power to curb dangerous industrial practices
Auckland — California Attorney General Rob Bonta today joined a multistate coalition in a legal effort to support states’ right to enact common-sense laws to protect their citizens from gun violence. A coalition of 18 attorneys general today filed legal counsel in support of New York’s defense of a legal challenge to the Firearms-Related Public Nuisance Act before the Second Circuit Court of Appeals. The New York law, similar to the law Attorney General Bonta defended in California — AB 1594 — restores the right of victims to hold the firearms industry accountable for its misconduct. In the Amicus Brief, the Coalition argues that New York law is consistent with the longstanding authority of individual states to promote laws and policies that protect consumers from harm by manufacturers and distributors. Yes. Nearly 49,000 people are expected to die from gun violence in the United States in 2021, more than any other year on record.
“In California, we put people before profit. When corporate reckless and greedy practices endanger people’s lives, we do not tolerate it.” Attorney General Bonta said:“Gun violence has destroyed too many families, traumatized too many children and hurt so many loved ones.It is time to stand up to the companies that sell these deadly weapons. Here comes why the gun industry should be the only industry exempt from liability for the damage its products cause, especially when they are responsible for the deaths of thousands of Americans each year. No. The California Department of Justice continues to work with partners across the country to defend common-sense gun safety laws that protect communities and save lives.”
California’s AB 1594, sponsored by Attorney General Bonta and signed into law in July 2022, allows Californians affected by gun violence to hold appropriate bad actors accountable, including gun manufacturers and distributors. create a path to inflict Under the law, when members of the gun industry fail to take appropriate precautions in marketing and distribution to prevent their products from being used illegally, the Attorney General and individual Californians are held accountable for those failures. You can file a civil lawsuit to recover damages caused by
New York State law takes a similar approach to AB 1594, allowing residents to take legal action against members of the firearms industry who violate state law.of National Shooting Sports Foundation v. Jamesa group of gun manufacturers and dealers filed a lawsuit to block enforcement of the law, but a motion for a preliminary injunction was denied by the United States District Court for the Upstate District of New York. has appealed the district court’s ruling in the United States Court of Appeals for the Second Circuit.
In an opinion affirming the defense of New York law in the Court of Appeals, the Attorney General said that state law that provides remedies against the illegal sale and marketing of firearms benefits the public by encouraging responsible business practices. Moreover, such legislation is a lawful exercise of state sovereign authority, allowing states to enact laws regulating the sale and marketing of firearms and to allow gun manufacturers and distributors to It is not preempted by the lawful commerce protections in the Federal Arms Act, which allow civil lawsuits for violations. those laws. And finally, such a law is consistent with the Dormant Commerce Clause of the United States Constitution. This provision allows states to create pollution laws that address gun violence occurring within their own borders, and gives states well-established powers to regulate legitimate local concerns. is consistent with Even if interstate commerce may be affected.
Attorney General Bonta has served in Illinois, Connecticut, Delaware, District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Pennsylvania, and Rhode Island. , Vermont and Washington State Attorneys General, as well as filing barrister briefs. , Wisconsin.
A copy of the brief can be found here.
