Have you heard of a federal law named the Protection of Lawful Commerce in Arms Act? Effective since 2005, this law has continued to protect both bad actor gun manufacturers as well as dealers from the majority of lawsuits. The level of protection from civil liability afforded by this law is unprecedented across all other industries. Because of this shield, bad actors in the gun industry have been able to have lax controls in product manufacturing and gun sale practices. On July 6, 2021, however, Governor Cuomo signed into law historical legislation aimed to hold gun manufacturers accountable as well as closing dangerous gun sale loopholes.
Cuomo Signs Nation-Leading Firearms Legislation
The nation-leading firearms legislation signed in July by Governor Cuomo will create civil liability for fun manufacturers, wholesalers, and retailers for being irresponsible in the manufacturing, marketing, importing, or selling of firearms. This means that private parties, including individuals and companies as well as public entities such as city and state governments can file suit against members of the gun industry to collect damages.
The new legislation means that gun manufacturers, marketers, and sellers must take care to not endanger public health and safety or risk being subject to civil liability for any harm caused. It even allows for gun products to be considered a public nuisance without the gun manufacturer purposely intending to cause public harm. Without reasonable controls and procedures in place for gun manufacturers and sellers, they run the risk of being on the hook for extensive damages caused by the lapse in reasonable safety measures in place. Those in the gun industry will be much more likely, as a result, to have reasonable controls and procedures in place. Those responsible gun manufacturers and dealers should not be worried about the new legislation.
In addition to the above, the new legislation has closed an important loophole in the sale of guns. In the past, people with outstanding warrants for their arrest were able to purchase guns. The new legislation does not allow for this.
The new law signed by Governor Cuomo may very well be confronted with legal challenges from both members of the firearms industry as well as gun rights advocates. The wording of the legislation may be viewed as vague and overly broad. In the event that this legislation withstands these legal challenges, however, the broad strokes of this new law could prove costly for the gun industry.
Westchester Personal Injury Attorney
Attorney Michael LoGiudice represents the injured. He stands up to hold others accountable for the harm their negligence has caused. Have you been injured by a firearm? It may very well be a result of the lax controls addressed under Governor Cuomo’s new law. Attorney LoGiudice is here to help ensure you are properly compensated for the harm you have suffered. Contact us today.