NY(federal) judge upholds law allowing victims of gun violence to sue gun industry – JURIST – News

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A New York federal judge Wednesday upheld a New York law that allows victims of gun violence to sue the gun industry.

The National Shooting Sports Foundation and gun manufacturers, like Smith & Wesson and Sturm, Ruger & Co. brought the case because they claimed the state law violated the US Constitution. They also argue that the law preempts the Protection of Lawful Commerce in Arms Act (PLCAA), which protects gun manufacturers and dealers from being held liable in gun violence crimes committed with their products.

In the decision written by US District Judge Mae D’Agostino, the court held that the New York law did not preempt D’Agostino also dismissed the claims that the New York law violated the Constitution’s Commerce Clause because it regulated interstate commerce and discriminated against in-state competitors, as well as regulating commerce outside of the state.

The ruling was released in the wake of this week’s Texas shooting.

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