Saturday, June 15, 2024
Hawai'i Free Press

Current Articles | Archives

Saturday, January 21, 2023
Hawaii AG Backs NY Gun Control Laws
By Selected News Articles @ 5:30 PM :: 1513 Views :: Second Amendment

Eighteen state AGs voice support for New York gun-industry liability law

By Bruce Walker, The Center Square, Jan 18, 2023

(The Center Square) – A coalition of 18 state attorneys general, all Democrats, on Wednesday submitted an amicus brief in support of New York's firearms industry accountability law. 

In the brief, the coalition led by Illinois Attorney General Kwame Raoul asserts the law's legitimacy to protect residents public health, safety and welfare.

The law in question aims to hold the firearms industry legally liable for what the prosecutors label "irresponsible sale and marketing of firearms when that conduct results in harm to the public. Under the law, public officials or private citizens can file a lawsuit against a gun industry member when they knowingly or recklessly endanger the safety or health of the public in New York state through the unlawful or unreasonable sale, manufacturing, importing, or marketing of firearms. Gun industry members can also be held liable when they fail to use reasonable controls and procedures to prevent firearms from being unlawfully used or sold in New York state."

New York became the first state in the nation to enact a gun accountability law in 2021. The law is facing court challenges, which contend it is unconstitutional and preempted by federal law. An initial lawsuit was dismissed by the U.S. District Court for the Northern District of New York. The attorneys general brief seeks to persuade an appellate court to uphold the lower court's ruling. 

"Although the amici States have taken different approaches when enacting measures designed to curb and remediate the effects of gun violence, they agree that public nuisance causes of action like the one created by § 898 – which addresses the gun industry members’ own misconduct – fall well within the States’ sovereign authority to protect their residents and to 'provide tort remedies to their citizens as they see fit,'" Raoul wrote in the brief.

In a statement on the Smith & Wesson website, CEO Mark Smith countered what he characterizes as anti-Second Amendment legislation, including the New York statute. 

"It is no surprise that the cities suffering most from violent crime are the very same cities that have promoted irresponsible, soft-on-crime policies that often treat criminals as victims and victims as criminals," Smith said. "Many of these same cities also maintain the strictest gun laws in the nation. But rather than confront the failure of their policies, certain politicians have sought more laws restricting the 2nd Amendment rights of law-abiding citizens, while simultaneously continuing to undermine our institutions of law and order. And to suppress the truth, some now seek to prohibit firearm manufacturers and supporters of the 2nd Amendment from advertising products in a manner designed to remind law-abiding citizens that they have a Constitutional right to bear arms in defense of themselves and their families. To be clear, a Smith & Wesson firearm has never broken into a home; a Smith & Wesson firearm has never assaulted a woman out for a late-night run in the city; a Smith & Wesson firearm has never carjacked an unsuspecting driver stopped at a traffic light."

Attorneys general signing the brief were from California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.

"It's time for gun manufacturers and dealers to be held accountable when they act irresponsibly, such as in failing to prevent the straw purchasing of guns or employing marketing strategies that target vulnerable youth," Michigan Attorney General Dana Nessel said in a statement. "The New York law is common-sense firearm legislation that imposes reasonable regulations to respond to the gun industry’s misconduct. I proudly stand with my colleagues in supporting New York's desire to protect the public by enacting this new law."

  *   *   *   *   *

2023-04 ATTORNEY GENERAL JOINS AMICUS BRIEF IN SUPPORT OF NEW YORK CONCEALED-CARRY LAW

News Release from Hawaii Attorney General, Jan 19, 2023

HONOLULU, HI – Hawaiʻi Attorney General Anne Lopez joined a coalition of fifteen attorneys general supporting the constitutionality of New York’s concealed-carry laws by asking the U.S. Court of Appeals for the Second Circuit to reverse a lower court decision that preliminarily enjoined certain aspects of New York’s Concealed Carry Improvement Act (“CCIA”).

In an amicus brief filed in Antonyuk v. Nigrelli, the coalition argues that the CCIA’s provisions—which include new concealed-carry license requirements and restrictions on carrying firearms in certain sensitive places such as schools, public parks, and airports—are constitutional.  The coalition further argues that licensing requirements offer a common-sense way to ensure that guns are not carried by individuals who demonstrably lack the character or temperament necessary to be entrusted with a deadly weapon.

Since the U.S. Supreme Court’s 2022 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, known as the Bruen case, litigation challenging gun relations has increased dramatically nationwide.  In Hawaiʻi, the Department of the Attorney General has been vigorously defending challenges to important firearm regulations, including Hawaiʻi’s lawful regulations prohibiting the possession of assault pistols and large capacity magazines.

Attorney General Anne Lopez states:

“Common-sense firearms laws—like New York’s rules prohibiting guns in sensitive places such as schools and government buildings—are constitutional and effective.  Laws like these have a crucial role to play in protecting the public from the serious risks of gun violence.”

Joining Attorney General Lopez in filing the brief are the attorneys general of California, Connecticut, Delaware, the District of Columbia, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, the Northern Mariana Islands, Oregon, Rhode Island, Vermont, and Washington.

To find a copy of the brief in Antonyuk v. Nigrelli in full, please click here.

# # #

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii