The Supreme Court declined Monday to block a New York statute that creates a legal avenue for holding gunmakers liable for injuries and deaths caused by their weapons, allowing the controversial 2021 law to remain in force.
The decision represents a rare retreat by the nation's highest court on a gun rights question. The conservative-dominated bench has consistently expanded Second Amendment protections in recent years, but justices chose not to hear the challenge brought by major manufacturers including Glock and Smith & Wesson, along with the National Shooting Sports Foundation.
New York's law was engineered to sidestep the Protection of Lawful Commerce in Arms Act, a 2005 federal statute that shields gunmakers from most lawsuits. The state law creates an exception for cases where a defendant "knowingly violated" a law tied to firearm sales or marketing and that breach directly caused someone's harm. Gun manufacturers would face liability if their conduct endangered public health, the statute says.
Gunmakers immediately sued after the law passed, arguing it exploited a loophole designed to eviscerate federal protections. The industry contended that if New York's approach succeeded, the 2005 shield would become hollow.
But both a federal judge in New York and the 2nd U.S. Circuit Court of Appeals rejected that argument in July 2025, clearing the path for enforcement. State Attorney General Letitia James pushed back against the Supreme Court taking the case, telling the justices in her filing that the federal law "allows gun industry members to be held liable for the downstream acts of third parties in some circumstances."
The Supreme Court's refusal to intervene is notable given the bench's posture on firearms questions. As recently as last year, the same conservative majority invoked the 2005 federal law when dismantling an innovative lawsuit filed by Mexico against American gunmakers over cross-border weapons trafficking.
The New York statute could still face additional legal challenges down the road, though the court's inaction Monday suggests at least five justices saw no urgent need to review the case now.
Author Sarah Mitchell: "The Supreme Court's refusal to block this law signals that even a gun-friendly bench recognizes limits to how far liability shields can stretch."
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