NY Gun Control Legislator’s Bill Based on Completely Faulty Premise

By Larry Keane

New York Gun Flag iStock-884181314
The contempt for law-abiding gun owners in the Empire State is so strong with gun control Democratic state senators. IMG iStock-884181314

U.S.A. -(AmmoLand.com)- The contempt for law-abiding gun owners in the Empire State is so strong with gun control Democratic state senators that they’ve passed a first-in-the-nation antigun law based completely on a false premise. The facts don’t matter and instead, it’s full steam ahead.

Brooklyn Democratic state Sen. Zellnor Myrie could’ve learned from the bruising President Joe Biden received from fact-checkers after falsely claiming the firearm industry “is the only industry in America” that can’t be sued.”

When it comes to gun control, it’s never about the facts and now Sen. Myrie introduced a state-level bill to remove Protection of Lawful Commerce in Arms Act (PLCAA) protections from gun manufacturers in New York.

State of Denial

Democratic officials in New York are constantly trying to out-gun-control the rest of the nation. Whether it’s Democratic Gov. Andrew Cuomo’s attacks on law-abiding gun owners through his NY SAFE Act or shuttering lawful businesses during the coronavirus pandemic, or New York City Democratic Mayor Bill de Blasio blaming lawful gun owners wishing to protect themselves rather than criminals perpetrating crimes, the state senate has decided to join in.

Sen. Myrie said, “At a time that gun violence is skyrocketing in Brooklyn and around the nation, we simply cannot afford to let the industry that produces these dangerous weapons off the hook any longer.” He continued, saying it’s a shame federal law “grants only one industry – the gun industry – near blanket immunity.”

Faulty Premise

Sen. Myrie’s anti-firearm industry legislation is running up against a tight deadline. It just passed the state senate by a party-line vote of 43-20, but it must now pass a vote in the state Assembly and also receive Gov. Cuomo’s signature to become law. The legislative session is scheduled to end on June 10. Still, facts matter and federal law does not grant “near blanket immunity” to the firearm industry as Sen. Myrie purports.

The Protection of Lawful Commerce in Arms Act (PLCAA) passed with wide bipartisan support and was signed into law by President George W. Bush in 2005. The purpose was to stave off lawsuits attempting to hold firearm companies liable for the criminal and unlawful misuse of firearms by criminals and other remote third parties over whom members of the industry have no control. The lawsuits were meant to put those companies out of business unless they capitulated and agreed to settlements imposing all manner of gun control measures rejected by Congress and state legislatures. The PLCAA keeps activist trial lawyers and gun control groups from placing the blame on the industry for the criminal misuse of legal firearms that are lawfully sold.

Sen. Myrie’s proposal would be akin to a state allowing a lawsuit to be brought against Ford for the actions of a drunk driver that killed someone after getting behind the wheel.

Firearm manufacturers can, and have, been held accountable under the law of product liability for defective products. The law also doesn’t allow protections against knowing violations of the law and other willful misconduct. This type of tort protection law isn’t unique to the firearm industry. Vaccine makers produce drugs with the protection of the 2005 Public Readiness and Emergency Preparedness Act, which gives the Health and Human Services Secretary authority to provide legal protection to companies making or distributing the vaccines. Tech giants and airlines also enjoy similar protections. No other industry has ever been blamed for the criminal misuse of its lawfully sold products. The PLCAA is intended to prevent the firearm industry from being singled out.

One provision of Sen. Myrie’s proposal broadens the scope of New York’s “public nuisance law” to include “the sale or manufacture of products that endanger people’s health and safety.” Sen. Myrie may want to reconsider, as according to the FBI’s Uniform Crime Reports there are more murders committed each year in American with knives, fists, and clubs than by rifles of all kinds.

This bill is a transparent attempt by New York to regulate the lawful commerce of out-of-state business activities of members of the firearm industry. If an out-of-state dealer legally sells a firearm that is later illegally possessed in New York, under this law the dealer can be sued and dragged into a New York courtroom for allegedly creating, maintaining, and contributing to a “public nuisance.” This is an obvious violation of the Commerce Clause of the U.S. Constitution that gives the power to regulate interstate commerce to Congress.

Had Enough 

While Sen. Myrie continues to peddle falsehoods surrounding the firearm industry and the need for his bill, New Yorkers have had enough of gun control. More than 21 million background checks for the sale of a firearm were processed in 2020 and so far this year the pace has kept up. More than 8.4 million gun owners were first-time buyers as they jumped off the fence to exercise their Second Amendment right. Public polling shows a drop in support for more gun control to the lowest levels in several years.

Gun control politicians like Sen. Myrie and New York state Democratic senators are pushing policies far out of touch with what their constituents want. They’d do better if they listened to them instead.


About The National Shooting Sports Foundation

NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations, and publishers nationwide. For more information, visit nssf.org

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JohnLloydScharf
JohnLloydScharf
16 days ago

States are corporations incorporated by Congress into the US. Legislators cannot be sued for what they claim or the consequences of their legislation. They are the only corporation which cannot be sued without their permission.
Guns are a right. Being a member of a legislature is a privilege with powers and immunity. 
Members of a legislature should be subjected to a criminal record check and a mental competency test before taking office. 
Members of a legislature should be subjected to a drug test before they vote on a bill. 

musicman44mag
musicman44mag
16 days ago

LOL, Drug test. You wouldn’t have a president, a vice president, Pelosi or at least half of the demonrat legislature or more. We all know the real reason they want the border open is so they have the resources coming in at a low cost rate and that they have a never ending supply of cocaine. Look at AOC or Comey. Coke addicts, just look at their eyes.

StLPro2A
StLPro2A
16 days ago

They should also have to pass a test on the Declaration of Independence/Constitution/Bill of Rights. Each bill introduced should have a detailed explanation of how the bill complies with the Constitution/BoR, and include a return on investment statement, which if not met, the deficit will come out of the politicians’ personal pocket. Alternative, they get shot by firing squad.
First American Revolution over taxation without representation.
Second American Revolution over taxation by representation ……..and a plethora of other tyrannical abuses.

Last edited 16 days ago by StLPro2A
JohnLloydScharf
JohnLloydScharf
15 days ago
Reply to  StLPro2A

Stl Pro2a, if this were a democracy, what they know or think would not be an issue because they would STILL have to get our informed consent to make a law. But this is a republic run by one party, just like China, Cuba, Indonesia, Iran, Venezuela, and Vietnam.  If we shot everyone running for office I am certain is unqualified for the job, only suicidal maniacs would run. Deadly force is justified only when undertaken to prevent imminent and otherwise unavoidable danger of death or grave bodily harm to the innocent. The Constitution made Congress our Aristocracy and our… Read more »

APG member
APG member
16 days ago

Drugs, like guns, are not good or evil. Until you recognize this your rights will always be in contention. Most would test positive for the drug ALCOHOL…What if they have a criminal record for violating NFA?

Last edited 16 days ago by APG member
RoyD
RoyD
16 days ago
Reply to  APG member

It has been 43 years and seven months since the “devils brew” has crossed my lips. But you are not wrong.

APG member
APG member
16 days ago
Reply to  RoyD

Admirable…

JohnLloydScharf
JohnLloydScharf
15 days ago
Reply to  RoyD

So, having been a drinker 43 years ago, you think legislatures should VOTE WHILE DRUNK??? Driving drunk affects fewer lives than making laws.

RoyD
RoyD
15 days ago

Most of them are “drunk”; drunk on power.

JohnLloydScharf
JohnLloydScharf
15 days ago
Reply to  RoyD

Most of them are over-qualified for the job and would have had more wealth otherwise. The salary is a trifle considering the effort and money involved. If there were no power, no one would run. They assume they can change the world with power and their job is to make laws. They intend to do something, even if it is wrong. IF there were checks and balances with mandated referendums, they would sober up from their “drunk on power.” Other than that, there is no systemic cure for that disease. What we CAN do is to force them to be… Read more »

JohnLloydScharf
JohnLloydScharf
15 days ago
Reply to  APG member

Are you a damned fool who thinks those who make laws should be doing it intoxicated? If you drive a car or shoot a gun while intoxicated, the only life you should be able to risk is YOUR OWN. If they violated the NFA, then they cannot be trusted to follow the law. If they do not follow the NFA now, you have reason to trust them with ANY law, much less the Constitution. The NFA was made law using the principles of this REPUBLIC given powers APPROVED by the Constitution and INTERPRETED under the Constitutional power of the US… Read more »

APG member
APG member
15 days ago

Are you are a damned puritanical prohibitionist who finds liberty and freedom repugnant? The NFA is in violation of 2A, congress has been ignoring the constitution YOUR WHOLE LIFE, I should not have to explain this. I never said the constitution endows rights, all your wise voting over the years have gotten us where we are now. You may need a “ruler” to keep you behavior in line, not me.

Last edited 15 days ago by APG member
JohnLloydScharf
JohnLloydScharf
15 days ago
Reply to  APG member

Never put words in my mouth. It leaves a bad taste and those who do it are childish trolls engaged in strawman arguments. I find prohibition of anything repugnant. It is non-consensual. GOVERNMENT is repugnant to me. It mandates membership and steals the wealth you create through legalized robbery called taxes. I want a “Liberty Mutual” government where I only pay for what I need. The ultimate form of capitalism and democracy is where you vote with your dollars. I am against prohibition of arms short of one kiloton nukes for self defense. I cannot shoulder a tank or a… Read more »

Grim
Grim
16 days ago

Get a rope – Myrie is on the list!

JohnLloydScharf
JohnLloydScharf
16 days ago
Reply to  Grim

Deadly force is justified only when undertaken to prevent imminent and otherwise unavoidable danger of death or grave bodily harm to the innocent. 

Last edited 16 days ago by JohnLloydScharf
musicman44mag
musicman44mag
16 days ago

Unfortunately that might be determined by a jury of your peer’s and they might all be anti gun demonrats. Not that I am against what you say but I am pointing out the probabilities. This is the problem that concerns me about Kyle Rittenhouse who is a patriot and a true American for justice. Set my people free!

RoyD
RoyD
16 days ago

“Oklahoma’s Stand Your Ground law states that “A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”” “or to prevent the commission of a forcible felony.”… Read more »

APG member
APG member
15 days ago
Reply to  Grim

Tar and feathers!

USCitizen
USCitizen
16 days ago

This is more than just Gun Control, these legislators are applying Marxist ideologies used in “cancel culture”. It doesn’t matter if it’s true because “truth” is subjective to them. Good legislators (I’m sure there must be some in NY but I sure couldn’t tell you who they are) must understand this ideology and how to fight against it in order to overcome the complete lack of critical thinking within a large portion of society. Here’s a great article that helps inform people how to deal with cancel culture. My Woke Employees Tried to Cancel Me. Here’s How I Fought Back.… Read more »

Wass
Wass
16 days ago

Without gun control legislation, these Dems and libs would have no other way to pretend they’re doing something against crime. They oppose stop and frisk, mandatory sentences for gun crimes; oppose capital punishment; support low bail or no bail for felons; have nothing to say about revolving door justice, etc. It’s there for all to see. If the public would take a look.

musicman44mag
musicman44mag
16 days ago
Reply to  Wass

Oh, and please don’t forget the answer to less crime is fewer convictions and to stop building prisons per AOC. LOL what idiots. I can’t believe they re elected her.

GomeznSA
GomeznSA
16 days ago
Reply to  musicman44mag

mm she very well may have been ‘re elected’ by the same measure that sloe joe and the anchor baby got (s)elected. IOW – someone likely cheated (rigged) the votes in her district.
NOTE – I am NOT saying that is what happened but it is ‘slightly’ possible. I certainly don’t want to be labeled as some sort of conspiracy nut – or something.

musicman44mag
musicman44mag
16 days ago
Reply to  GomeznSA

Lol, I understand where you are coming from and we know who and what you are. The problem is the left has a bunch of labels ready and waiting for you if you disagree with what they say. I can say this. Kamalatoe got to where she is at because her starting point was Willy Brown in kommiefornia and he made sure that all of his whores got good government jobs and positions so they wouldn’t bitch or sue him. This comes from an inside source. Don’t worry, we don’t think you are a conspiracy theorist because they don’t exist.… Read more »

musicman44mag
musicman44mag
16 days ago

And it is a total war to see who can be more anti gun between the two coasts, left vs. right and which state will win on their side. I wouldn’t be supprised if in Joe kamalatoe obidens next speach we here him say that Oregone and Kate shit stain brown governor is leading the way to a safer state with new gun laws that require your guns be in a safe and have a lock on them at the same time keeping them out of the hands of criminals and the little children that we all want to protect… Read more »

GomeznSA
GomeznSA
16 days ago
Reply to  musicman44mag

mm – I don’t have ANY plan or desire to ever visit orygone again – seen just about all of it at one time or another. I believe that the new ‘law’ also requires ammo to be stored separately from the double plus locked up guns, and likely the magazines (or clips if you have a Garand) in yet another secured container. Can you clarify for anyone that might have the misfortune to still live there.

musicman44mag
musicman44mag
16 days ago
Reply to  GomeznSA

I don’t know all the laws and I am not sure that I would give the correct information without a lot of research. This is what I know currently. Ammo and Guns need to be stored separately. Powder and primers cannot be together and need to be stored separately and why I don’t know. I have never had a primer go off all on it’s own or seen a box of primers go off, but I guess if it did, it might start a fire in the safe and cause the powder to explode. That’s all I know right now.… Read more »

MICHAEL J
MICHAEL J
16 days ago

Every gun law was passed on false pretenses since none of them work.

GomeznSA
GomeznSA
16 days ago
Reply to  MICHAEL J

Michael – I had the exact same thought when I saw the article header…………..’-)

gregs
gregs
16 days ago

nothing leftists do surprises me any more. they live in a fantasy world where only their wishes are real and not facts. the stupid people that vote for them need to suffer until they come to their senses. you got to pay for stupid.