A coalition of two dozen Republican state attorneys general has entered the legal fray in New York, supporting gun manufacturers against actions spearheaded by Attorney General Letitia James. The states filed amicus briefs on Monday in ongoing lawsuits in Buffalo and Rochester, as well as a case directly challenging James' office.

Challenging New York's Public Nuisance Law

Focus on Expanding Manufacturer Liability

The core of these legal battles centers on New York's attempt to hold gun makers and sellers accountable for gun violence using a state public nuisance statute. The Republican AGs argue that this state action directly infringes upon federal law designed to protect the firearms industry from liability.

Montana Attorney General Austin Knudsen led the multi-state effort, emphasizing the national significance of these proceedings. "These cases go far beyond New York," Knudsen stated in an interview with Fox News Digital. "This is not just a New York thing by any stretch of the imagination. … It affects all of us."

Circumventing Federal Protection

The lawsuits specifically target the Protection of Lawful Commerce in Arms Act (PLCAA), which shields gun makers and sellers from liability when their products are criminally misused. The AGs contend that New York is attempting to bypass this federal protection via a "vague nuisance statute that specifically targets the firearms industry."

Knudsen strongly criticized AG James, accusing her of pursuing an activist agenda rather than adhering to established case law. He asserted, "This is an attorney general who should know better... Instead, she wants to be an activist. She wants to blame what I would say is probably the most legally regulated industry in America for the poor policies that she's got going on in her own state."

Supreme Court Intervention Sought

National Implications of State Law

An amicus brief was filed with the Supreme Court in the case National Shooting Sports Foundation v. James. In this filing, the attorneys general warned that New York’s law could set a precedent allowing other states nationwide to circumvent the PLCAA through state-level liability statutes.

AG James has previously defended the 2021 New York law as a crucial public safety measure, celebrating lower court rulings as affirmations of the "rule of law." However, Knudsen stressed the existential threat this poses to the industry. "We don’t have a Second Amendment in this country if we don’t have firearms manufacturers," he argued. "This is trying to kill the firearms manufacturing industry in this country one lawsuit at a time."

Opposition to Municipal Lawsuits

A separate amicus brief was submitted to the district court opposing lawsuits brought by the cities of Buffalo and Rochester. These cities claim manufacturers failed to implement adequate guardrails against gun crimes and are therefore owed damages. The Republican AGs countered that the industry is already heavily regulated and should not be held responsible for crimes committed with legally manufactured and sold firearms.

Constitutional Concerns and Precedent

The Montana AG also raised constitutional concerns, noting that New York’s law potentially allows the state to impose liability on out-of-state gun manufacturers, thereby impacting interstate commerce.

The Supreme Court may decide to intervene due to existing judicial division on interpreting PLCAA exceptions. Knudsen anticipates the justices will weigh in following their recent decision in Smith & Wesson Brands v. Mexico. In that landmark 9-0 ruling, the Court found Mexico lacked sufficient evidence to hold gun companies liable for illegal trafficking, though that ruling did not address state laws counteracting the PLCAA.

Joining States

The Supreme Court brief supporting James' opponents included 24 states: Montana, Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming. The district court brief was joined by 23 of those states, excluding Kentucky but including Idaho.