A major firearms industry case is now headed to the Supreme Court of the United States, and the outcome could have nationwide consequences.
In National Shooting Sports Foundation v. Letitia James, the National Shooting Sports Foundation (NSSF) is asking the Court to review a Second Circuit ruling that allowed New York to enforce a state public nuisance law against gun manufacturers.
At the center of the dispute is the Protection of Lawful Commerce in Arms Act (PLCAA). Congress passed the PLCAA to shield firearm manufacturers and dealers from lawsuits seeking to hold them liable for crimes committed by third parties using lawfully sold firearms.
However, New York enacted a statute designed to impose public nuisance liability on members of the gun industry. The Second Circuit upheld the law, finding it could qualify under the PLCAA’s “predicate exception,” which allows lawsuits if a manufacturer knowingly violates a statute applicable to firearm sales or marketing.
The NSSF argues that interpreting the exception this broadly undermines the entire purpose of the federal law and creates a circuit split with other courts that have rejected similar theories. If the Supreme Court declines to step in, anti-gun states may use similar statutes to pursue costly litigation against manufacturers—potentially reshaping the future of the firearms industry.
Now, all eyes are on the Court as it decides whether to grant review in a case that could define the limits of federal preemption and industry liability for years to come.