Montana Attorney General Austin Knudsen has filed two amicus briefs leading coalitions of state attorneys general in defense of American firearms manufacturers facing lawsuits in New York that seek to hold the companies liable for gun crimes committed in the state.
Knudsen argues both cases circumvent federal protections established under the Protection of Lawful Commerce in Arms Act of 2005, a federal law Congress passed specifically to shield firearms manufacturers and sellers from being held liable for the criminal misuse of their products.
In the first brief, joined by 23 other attorneys general, Knudsen is asking the U.S. Supreme Court to reverse a lower court decision in National Shooting Sports Foundation, Inc. v. Letitia James that upheld a New York law allowing states and individuals to bring public nuisance lawsuits against the gun industry for contributing to conditions that endanger public safety through the sale, manufacturing, importing or marketing of firearms.
Knudsen’s brief argues the New York law directly conflicts with the federal statute and warns of sweeping consequences if it is allowed to stand. Under the law, firearms manufacturers based in other states could face liability for the legal sale of a firearm that was later used in a crime in New York — a precedent Knudsen said would effectively punish companies for conduct they had no part in.
The brief argues the practical effect of the law would be to force manufacturers to cease operations entirely to avoid exposure to liability, calling that outcome the law’s intended purpose.
In a second brief joined by 22 attorneys general, Knudsen is asking the U.S. District Court for the Western District of New York to dismiss two related cases — the City of Buffalo and City of Rochester each suing Smith & Wesson Brands — on the same federal preemption grounds.
Knudsen framed both efforts as part of a broader campaign by political opponents of the Second Amendment to dismantle the firearms industry through litigation rather than legislation, and said New York should focus its attention on its own crime policies rather than on law-abiding manufacturers.
The coalition signatories span more than two dozen states including 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, among others.
The filings follow a Supreme Court decision last year in which Knudsen led a similar multistate effort that resulted in a ruling protecting American firearms manufacturers from liability claims brought by foreign nations, including Mexico.
By DNU staff