During a recent appearance on “The View,” New York Attorney General Letitia James declared that she intends to follow the lead of California Governor Gavin Newsom in pushing to allow private citizens to sue gun manufacturers.

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As we previously reported earlier in December here at Red Voice Media, California Governor Newsom is taking a stab at the Second Amendment seemingly out of spite over the Supreme Court’s decision to not impose a stay on the Texas law that allows private citizens to file suit against abortion providers if they violate the Heartbeat Act.

In Governor Newsom’s December 11th statement on the matter, he proclaimed that he was directing both his staff and legislators to get to work on drumming up a means to sue anyone involved in the sale, manufacturing, or distribution of “ghost gun” kits or what he referred to as “assault weapons.”

“I have directed my staff,” Newsom said, “to work with the Legislature and the Attorney General on a bill that would create a right of action allowing private citizens to seek injunctive relief, and statutory damages of at least $10,000 per violation plus costs and attorney’s fees, against anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in the State of California. If the most efficient way to keep these devastating weapons off our streets is to add the threat of private lawsuits, we should do just that.”

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When New York AG James appeared on “The View,” one of the panel hosts asked her specifically about Governor Newsom’s recent efforts and inquired whether she intends to follow suit. In AG James’ response, she said “yes.”

“The answer is yes,” she said. “When I heard about that, I said to my team, we need to follow his lead. And the reason why that is because gun manufacturers and gun distributors in this country are immunized, no liability whatsoever.”


When AG James claims that gun manufacturers have “no liability whatsoever” – that is a bold faced lie.

What it seems AG James is alluding to is the Protection of Lawful Commerce in Arms Act, typically referred to as the PLCAA, which it is not a complete shield of liability by any means. The only thing the PLCAA protects gun manufacturers and dealers from is when a lawfully sold weapon is later used in a crime that the manufacturer or dealer had no part or way of knowing would occur.

But the PLCAA does not shield gun dealers or manufacturers of liability regarding defective products, breach of contract, criminal misconduct, and generally any activity where they’re directly responsible, which is, basically the same manner that any other manufacturer of products is held liable and subject to suit.

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Meanwhile, over a dozen plaintiffs- including manufacturers such as Beretta, Glock, SIG Sauer, Smith & Wesson, Sturm, Ruger & Company-  have filed a joint lawsuit against the AG over New York’s public nuisance law.

As CNN reported, “The suit claims that James ‘expressly acknowledged that the law was enacted as the New York legislature’s attempt to override the federal statutory scheme.’ And that the state law violates the Constitution and seeks to ‘replace the will of Congress and impede lawful commerce outside of New York’s borders.’”

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