The United States Supreme Court on Monday (June 15) turned away a legal challenge to New York’s gun industry accountability law, leaving intact a 2021 statute that allows lawsuits against firearm manufacturers and sellers for conduct that endangers public health. The court’s decision not to intervene means the groundbreaking law remains in effect, representing a significant victory for gun safety advocates.
The New York law, enacted in 2021, prohibits gun companies doing business in the state from knowingly engaging in unreasonable conduct that endangers the public. It allows various legal claims against gun manufacturers and sellers under state law, creating a pathway for victims of gun violence and public officials to hold industry members accountable when they violate standards applicable to the sale and marketing of firearms.
The United States Court of Appeals for the Second Circuit upheld the law in July 2025 in National Shooting Sports Foundation v. James, marking a first-of-its-kind appellate ruling. The Second Circuit found that gun industry plaintiffs, including major manufacturers such as Smith & Wesson, Glock, and Ruger, failed to present evidence that the law imposed an “undue burden” on firearms commerce.
The law requires gun companies selling firearms in New York to implement safeguards addressing straw purchasing, gun trafficking, and theft. Companies failing to take these basic steps face potential lawsuits if individuals are harmed as a result of their conduct.
The legislation operates within an exception to the federal Protection of Lawful Commerce in Arms Act (PLCAA), passed by Congress in 2005. PLCAA generally grants the gun industry broad immunity from civil liability, but includes an exception allowing lawsuits against industry members who knowingly violate laws applicable to firearm sales or marketing. As the Supreme Court recognized in June 2024, cases can proceed when based on knowing violations of state or federal firearms laws.
New York’s accountability law has already enabled significant litigation. Lawsuits filed under the statute include claims on behalf of survivors of the Buffalo mass shooting and a lawsuit by the New York attorney general against ghost gun sellers.
The gun industry trade association and manufacturers had claimed the law would put them out of business. However, more than three years after the law’s passage, no evidence supports this concern.
New York is among ten states that have enacted similar gun industry accountability legislation requiring responsible business practices to prevent harms like trafficking, illegal sales, and firearm theft. California, Colorado, Delaware, Hawaii, Maryland, Minnesota, New Jersey, and Washington have also passed laws establishing standards of conduct for the firearm industry.
The Supreme Court’s refusal to hear the challenge follows a separate case, Antonyuk v. James, in which the court declined to review challenges to New York’s Concealed Carry Improvement Act. That April 2025 decision left in place most provisions of the 2022 law, which modified requirements for obtaining concealed carry permits and prohibited firearm possession in areas deemed sensitive or restricted.
The accountability law will remain enforceable in New York, with victims and government officials retaining the ability to pursue civil litigation against gun industry members who violate the statute’s standards.
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