NY Governor Cuomo’s new executive order to hold gun makers liable

More money, programs for violence prevention efforts  

New YorkGovernor Andrew M. Cuomo signed legislation holding gun manufacturers accountable  for the harm their products cause and closing a loophole that allowed people with outstanding warrants for their arrest to purchase guns.

“Of all the challenges we face every day in New York, few are as difficult to bear as the scourge of gun violence plaguing our communities,” Governor Cuomo said“The only industry in the United States of America immune from lawsuits are the gun manufacturers, but we will not stand for that any longer. I am not only signing a new law that does away with this immunity, giving New York the ability to hold them accountable, but also closing the destructive Trump loophole which has allowed people with active warrants to purchase guns for far too long. Now, if you have an active warrant, you cannot buy a gun in the State of New York, period.”

Under this new legislation, gun manufacturers cannot endanger the safety and health of the public through the sale, manufacturing, importing or marketing of the products they sell. The products can be considered a public nuisance even if the gun manufacturer did not purposely cause harm to the public. The Attorney General and any city corporation counsel can take action on behalf of any locality, as can members of the public, corporations and associations. Since 2005, a federal law called the Protection of Lawful Commerce in Arms Act has shielded bad actor gun manufacturers and dealers from most lawsuits. No other industry has this protection from liability for their products and practices, which has created a perfect storm of lax controls and inability to hold bad actors to account. This legislation will allow for a lawsuit to be brought in cases where reasonable controls and procedures are not in place, ensuring that responsible manufacturers and dealers will not be held accountable for the actions of criminal actors.

The second bill prohibits the sale, purchase or transfer of firearms to anyone known to have an outstanding warrant for a felony or serious offense. It prohibits the buying, selling and gifting of guns if the buyer is known to have a warrant for a felony or serious offense. This bill was proposed as part of the 2021 State of the State.

Senator Zellnor Myrie said, “In this year’s state budget, we declared gun violence a public health crisis, especially affecting Black and Brown communities like the ones I represent. Today, we’re taking bold action to address this crisis head on by enacting the strongest gun industry liability law in the nation.” 

Senator Brian Kavanagh said, “While we have enacted some of the strongest gun laws in the U.S. and have much lower rates of gun deaths and injuries than most other states, we must remain committed to doing all we can to keep guns out of the hands of those who shouldn’t have them.” 

Image courtesy of thesatimes

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