Taking aim at gunmakers
B’klyn pol sees hope that ‘nuisance’ bill can stem violence
ALBANY — Legislation that would hold firearms manufacturers accountable for gun violence is gaining traction as new polling shows bipartisan support among New Yorkers.
Sen. Zellnor Myrie (D-Brooklyn) unveiled a bill last year that would amend the state’s criminal nuisance law to include the sale or manufacture of products that endanger people’s health or safety, enabling New Yorkers to sue companies or individuals who violate the statute.
A new survey conducted by Data for Progress reveals that both Democrats and Republicans share concerns about gun violence. The poll found that 63% of people in the state are concerned about the issue in their own communities and 86% are worried about shootings in America at large.
Similarly, 83% of voters of all political stripes agree that New York lawmakers should pass legislation aimed at stopping the flow of illegal guns into the state.
“I think the poll demonstrates that there is overwhelming and bipartisan support for the Legislature to take action on a scourge that everyone recognizes is a deep problem here in the state of New York,” Myrie said.
Shootings have surged across the five boroughs this year, with 463 people shot this year citywide by May 2 compared with 259 during the same period last year, a 79% spike.
The city has seen 132 homicides so far this year through May 2, compared with 113 by the same point last year, a 17% rise.
A wild shooting in Times Square over the weekend left three innocent bystanders — including a young girl sitting in a stroller — with injuries. Many said the incident was symbolic of the rise in violence across the city.
Myrie said his measure, which would clarify that the state’s criminal nuisance law applies to the manufacture and sale of dangerous weapons, could be a game-changer.
“There is an illegal trafficking pipeline that has gone unabated in which the gun industry has done nothing to help stem,” he said. “This bill ... is saying we are no longer going to tolerate you having a business model that allows you to profit off of the death of people here in this state.”
Assemblywoman Pat Fahy (D-Albany) is sponsoring the bill in her chamber.
Similar efforts to target firearm makers through the courts have been stalled by a 2005 federal statute, the Protection of Lawful Commerce in Arms Act, which shields the industry from most lawsuits.
The Supreme Court poked holes in the blanket protections two years ago by allowing relatives of the victims of the 2012 Sandy Hook tragedy to sue the Remington Arms Co., which manufactured the weapon used in the massacre.
“This bill would finally give communities a chance to level the playing field with this billion-dollar industry that has immunity from lawsuits,” said Jacquel Clemons, the chief operating officer of the Kings Against Violence Initiative.
Jonathan Lowy, chief counsel at the nonprofit Brady: United Against Gun Violence, said the legislation, coupled with New York’s other tough gun laws, would be a precedent that could pave the way for other states to follow.
“No one should be above the law, and certainly not a gun industry that recklessly supplies and profits from the criminal gun market,” he said. “This bill will correct those injustices, and enable gun companies who irresponsibly contribute to gun violence to be held accountable, and enable victims and survivors to obtain civil justice.”