Governor Andrew Cuomo signed law that makes it easier to bring civil actions against gun manufacturers who “knowingly or recklessly” provide firearms that are involved in “public harassment”.
The New York Democrat signed the bill earlier this week after declaring "gun violence" a "disaster emergency" in his state.
"Of all the challenges we face every day in New York, few are as difficult to endure as the scourge of gun violence that plagues our communities," said Cuomo.
"The only industry in the United States immune to lawsuits is arms manufacturers, but we will no longer stand for that," he added.
The governor's website states that the guns "may be viewed as a public nuisance even if the gun manufacturer did not intentionally harm the public."
. @ CamEdwards: "These gun control laws clearly did nothing to make New Yorkers safer, so Cuomo is now targeting the gun industry." Https://t.co/VlT7z8v2lm pic.twitter.com/XfKKd8Z7iB
– Newsmax (@newsmax) July 7, 2021
RELATED: Biden Urges Banning "Assault Weapons" In Important Announcement, Says "No Change" Is Absolute "
Cuomo targets gun manufacturers
Bloomberg Law reports that Cuomo's application of & # 39; Public Harassment & # 39; "Is seen as a kind of loophole in the law to circumvent federal protection".
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In 2005, then President George W. Bush signed the Law to Protect the Legitimate Arms Trade, which essentially prevented arms manufacturers from being held liable if their products were used to commit crimes.
New York State Rifle and Pistol Association executive director Tom King predicted that Cuomo's liability efforts for gun manufacturers would face multiple lawsuits.
"I think you will see a lot of lawsuits," King told Spectrum News.
“I know we are trying to do something. I know the NRA is investigating this very seriously, ”he continued. "I am sure there will be challenges."
This is a complete lie from a corrupt liar.
Gun manufacturers are fundamentally liable under civil law for product defects. What they are not liable for is * criminal abuse * of their products, just as tire manufacturers and gas stations are not liable for hit-and-runs. https://t.co/VYa2cffjWe
– Sean Davis (@seanmdav) July 6, 2021
RELATED: Sheila Jackson Lee's Gun Control Act would create a national gun register that requires licensing
Lose with its facts
Cuomo's claim that arms manufacturers are the only industry exempt from litigation over the use of their products does not entirely stand up to scrutiny.
"You have protection from civil claims, but there are exceptions," reports Factcheck.org.
The New York Times adds that gun manufacturers can still be sued "for breach of warranty or if a manufacturer or dealer sells a gun knowing that it would be used in a criminal offense."
100% not true.
– Sean Agnew (@seanagnew) July 7, 2021
"How do you hold someone responsible for vicarious liability?" Asked King in an interview with Spectrum. "So if someone steals your car and they go out and kill someone with your car, are you responsible?"
Cuomo declares gun violence a disaster emergency eight years after enacting the SAFE Act, widely considered the nation's toughest gun law at the time.
"This new law will limit gun violence through common sense and sensible reforms that will make New York a safer place to live," the Democrat said at the time.
Is there an idea in Cuomo's new “plan” that hasn't been tried out often? No Not one. Note that the minority fraudster @NYGovCuomo has not proposed mandatory harsh prison terms for a crime with a gun or a "reform" of bail reform.
He wants the chaos.
– Steve McLaughlin (@SteveMcNY) July 7, 2021
This particular gun control legislation did not appear to have been as advertised if Cuomo declares an emergency less than 10 years later.
The signing of the Gun Manufacturers Liability Act comes amid a spike in gun violence in New York, including a 38 percent increase in shootings in New York City in the first six months of this year compared to last year.
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