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Governor Maura Healey and Lt. Governor Kim Driscoll join retired U.S. Supreme Court Justice Stephen Breyer, retired Supreme Judicial Court Justice Margot Botsford, Supreme Judicial Court Justice Serge Georges Jr., Attorney David Kravitz as well as other friends and family to celebrate the ceremonial
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Two Dozen GOP Attorneys General Back Gun Makers in Supreme Court Fight Against New York Liability Law

Roughly two dozen Republican state attorneys general, led by Montana AG Austin Knudsen, have filed new amicus briefs backing gun manufacturers in three related New York cases, including National Shooting Sports Foundation v. James now before the U.S. Supreme Court. The filings argue that New York’s 2021 public‑nuisance statute, which targets the firearms industry for harms from gun violence, unlawfully sidesteps the federal Protection of Lawful Commerce in Arms Act (PLCAA), which generally shields gun makers and sellers from liability when their products are used in crimes. One brief urges the Supreme Court to intervene in the NSSF case against New York Attorney General Letitia James, warning that if New York’s approach stands, other states could copy it to effectively nullify PLCAA through state law. A separate brief in federal district court opposes suits by Buffalo and Rochester that seek damages from gun companies for local shootings, with the AGs insisting manufacturers already operate in a heavily regulated environment and cannot be held responsible for criminal misuse of legally made and sold firearms. Knudsen frames the dispute as an existential fight for the firearms industry and Second Amendment access, while James maintains the nuisance law is a legitimate public‑safety tool that lower courts have already upheld, setting up a potential nationwide precedent on how far states can go in imposing civil liability on gun makers.

Firearms Industry Liability State Attorneys General and Gun Policy Letitia James

📌 Key Facts

  • About two dozen Republican state attorneys general led by Montana AG Austin Knudsen filed new amicus briefs Monday in three New York gun‑industry liability cases.
  • One brief asks the U.S. Supreme Court to take National Shooting Sports Foundation v. James, arguing New York’s 2021 firearms public‑nuisance law conflicts with the federal Protection of Lawful Commerce in Arms Act.
  • A separate brief in district court opposes lawsuits by Buffalo and Rochester that seek damages from gun manufacturers for gun crimes, asserting the industry should not be liable for criminal misuse of legally produced firearms.

📊 Relevant Data

In 2022, Black individuals in New York State had a firearm death rate of 12.6 per 100,000 population, compared to 3.5 for White individuals, 3.2 for Hispanic individuals, and 1.1 for Asian individuals.

Deaths Due to Firearms and Death Rates per 100,000 Population by Race/Ethnicity — KFF

Nationally, in 2022, Black Americans, who make up 13.6% of the population, accounted for 53.8% of homicide victims and 55.6% of known homicide offenders.

FBI Releases 2024 Reported Crimes in the Nation Statistics — FBI

In the United States, most homicides are intra-racial: approximately 91% of Black victims are killed by Black offenders, and 84% of White victims by White offenders, based on data from 2018-2022.

Homicide trends in the United States — Bureau of Justice Statistics

In Rochester, NY, Black residents, who comprise about 38% of the population, accounted for approximately 80% of homicide victims in recent years (2020-2023).

Violence, Trauma, and Redemption - The State of Black Rochester — Black Rochester

The U.S. firearms industry is regulated under the Gun Control Act, which includes provisions for licensing manufacturers and dealers, prohibiting certain individuals from possessing firearms, and requiring background checks for sales.

Gun Control Act — ATF

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