The U.S. Supreme Court is known to support second amendment rights. But a decision last week is backing Virginia Attorney General Jay Jones’ effort to enforce a new firearm law.
“Again, this is about public safety, this is about accountability,” Jones said from the entrance of the Barbara Johns building Monday morning, defending a new law that creates standards of responsible conduct for gun sellers and makers, and allows his office to file suit if violations occur.
New York passed a similar law in 2021. It’s led to multi-million-dollar judgements against ghost gun manufacturers. But it was the better-known companies, like Glock and Smith & Wesson via the trade group the National Shooting Sports Foundation, who challenged the law. The U.S. Supreme Court denied their appeal last week.
The lower court ruling fell in favor of the Empire state on technical grounds. But it also found the state didn't violate federal industry protections by using public nuisance statutes which impose quote “liability for gun industry members who knowingly or recklessly endanger the safety or health of the public through their sale or marketing of firearms.”
Public nuisance laws have been used successfully against the opioid industry, and the inaction by the nation’s highest court gave Jones grounds to celebrate.
“Well certainly New York was a great moment when the Supreme Court denied cert," Jones said. "We feel very confident in this law and how it was structured and how it will be construed by the courts.”
As for the gun companies, the NSSF said in a statement they would respect the high court’s decision, but they compared the idea of gun company liability to, “holding Anheuser-Busch and Ford Motor Company responsible for damages from drunk driving.”
NSSF didn’t respond to requests for comment on Virginia’s gun law, but they’re already funding lawsuits in the Commonwealth against two other new gun laws backed by Jones.
Those cases are currently working through state courts.
