New York Democrats Relying on Deception to Attack Gun Industry

That this is harassment of the “law-abiding” is being presented as a measure against “gun violence” is the first huge lie. (Governor Andrew Cuomo/Facebook)

U.S.A. – -(Ammoland.com)- “Governor Andrew M. Cuomo today signed legislation … holding gun manufacturers liable for the harm their products cause,” a July 6 press release from the New York governor’s website announced.

“The only industry in the United States of America immune from lawsuits are the gun manufacturers, but we will not stand for that any longer.”

That, of course, is a lie. Gun manufacturers have the same legal liabilities as other industries for things like defective products and deceptive trade practices and knowing violations of the law.  Were this not so, we would not see personal injury attorneys vying for clients over deep pocket claims. Were this not so, we would not see FFLs losing their licenses and facing civil and criminal charges for negligent or deliberate violations and there would be no market for retainers with legal firms that can help them establish compliant policies and procedures.

In truth, all other industries are immune from the types of lawsuits New York Democrats demand be imposed on the firearms industry. Think of, say, a Chevy stolen years ago in another state being driven by a drunken criminal who then runs someone over — and holding GM accountable.  That’s what’s being set up here for gun makers, as another of the bill’s deceptive claims shows anyone who cares to look a bit deeper into them:

“[A]ccording  to  the  Bureau  of  Alcohol,  Tobacco,  Firearms  and Explosives statistics, 74% of firearms used in crimes in New York are purchased outside of New York.”

So what’s the deception?

The way that’s presented out of context, and the false correlation/causation equivalency to make it look like selling guns in other states with fewer prior restraint infringements is part of an unrestricted “iron pipeline” flow that’s flooding the Empire State, and that it somehow proves the legal and moral liability of those lawfully conducting business by observing state and federal laws.

Let’s explore where the “crime guns” number came from, ATF’s Firearms Tracing System report. First, it’s important to note an up-front disclaimer:

“Law enforcement agencies may request firearms traces for any reason…  Not all firearms used in crime are traced and not all firearms traced are used in crime.”

Next, let’s look at “time-to-crime rates for firearms with a New York recovery” (defined by ATF as “the period of time … between the first retail sale of a firearm and a law enforcement recovery of that firearm during a use, or suspected use, in a crime”):

“1/1/2019-12/31/2019 New York Average Time-to Crime: 11.75 Years

1/1/2019-12/31/2019 National Average Time-to Crime: 8.29 Years”

That means many of the guns were initially legally sold longer than 11.75 years ago. Gun manufacturers should be held liable for that?

There does seem to be an oversight, though, and it’s unclear if it’s intentional: Suppose “New York’s finest”  again mistake a suspect’s identity and shoot another unarmed black man, like they did Amadou Diallo. Should the gun manufacturer be sued?

For that matter, what about the broom manufacturer in the Abner Louima “incident”?

And, of course, the violence monopolists are not done trying to hobble and control an industry they want even more exclusive arrangements with. Using terms like “reasonable” and  “responsible” to define which practices will not be criminalized leaves the definitions in the hands of those who will rule them to mean exactly what they want them to mean. If they control the language, the law means what they say it does.

There’s one other danger in the new “law” that we overlook at our peril:

“Additionally, many  New  Yorkers,  including  many 20  children,  are  gravely  injured  or  killed  unintentionally due to the 21  firearm industry’s failure to implement reasonable safety measures and 22  the legislature finds that this failure also warrants liability.”

That absolutely opens the door to a future requirement for so-called “smart guns,” and the outlawing of “dumb” ones, like we’ve seen New Jersey try to mandate.

It’s clear the object here is to fragment the firearms industry, destroying some companies while hobbling others through lawfare. Companies that don’t kiss the ring and embrace every demand will be made uninsurable and inoperable unless they dutifully wear the yoke of those who demand total control. “Allowable” products will be priced out of reach of those of modest means. That’s why the apparatchiks at Michael Bloomberg’s subversive vanity project, Everytown are leading the cheer by calling objections to it “meritless claims.”

What’s meritless is the lie that this “doesn’t violate the Second Amendment.” Of course, it does, despite tyrannical “precedents” from robed establishment elites ruling that restraints, restrictions, and bans against “the people” aren’t really “infringements.” As such, this bill is treasonous, as are its supporters.

Unfortunately, I’m not expecting to see gun manufacturers taking the lead in denying their products and services to New York State, which is what ought to happen. It’s a corporations/stockholders thing, and many in the industry fear pushback will result in a ramping up of actions against them, particularly from a state boastful about its in-their-face aggression.

Still, there is one segment of the industry that could withhold sales and not miss a beat: Ammunition suppliers. Steve Hornady showed us the way several years ago when Cuomo tried to pressure banks and insurance companies to “blackball” the industry. With the current crunch, any supply not picked up by New York (and California, and New Jersey, and…) would be snapped up in a minute by eager gun owners, particularly for “common use” law enforcement calibers. Consumer prices could even go down.

Take note of who takes the lead in this, if anyone does. Because “rope-selling capitalists” who just want to hide their heads in the sand and hope no one notices them will eventually lose those heads. And in the meantime, they are giving preferential treatment to those tasked with obeying tyrants like Cuomo and enforcing all of their citizen disarmament edicts against the rest of us.


About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea

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uncle dudley
uncle dudley
3 months ago

It would be nice if there was a law that held legislators responsible if a person was injured by a law that was made by the state or federal government to include stepping on the constitutional rights spelled out in the constitution and bill of rights.
They need to be held liable.

Tionico
Tionico
3 months ago

I count eight (empty) heads in that picture. It is certain there are more in that room when this was snapped. ANyone else want to speculate on how many two pound chunks of steel are quietly resting on hips and chests of those present? I’d put the number at close to a dozen, minimim. What’s good for me is prohjibited for thee. And this from the crature who, at the stroke of his pen on another date, condemned some ten thousand “ode fokes” do death by the scary virus while lifing in places that were carefully set up to PROTECT… Read more »

musicman44mag
musicman44mag
3 months ago

I wish I were bloomburg or Warren Buffet rich. I would start a business that would be a 501(c) business called Smart Gun Control for a safer America and I would donate 80% lowers with a kit to approved people for a small donation to cover the cost of production, if they could afford it, materials, shipping and the people who do the work. I would also be open to people just donating to help out for the principal of the matter in hopes of expansion all across the USA.

OreGUN

musicman44mag
musicman44mag
3 months ago

I gave you a thumbs up but I hope you are wrong.

Boz
Boz
3 months ago

IiberaIs Iie

GomeznSA
GomeznSA
3 months ago
Reply to  Boz

every time their lips are moving.

Stripeseven
Stripeseven
3 months ago

Inept worthlessness. Vote them all out…

Tionico
Tionico
3 months ago
Reply to  Stripeseven

no, charge them for making war on the UNited States of America. I want to see these ssame folks in orange onesies.

Longeno
Longeno
3 months ago

This corrupt murderous governor should not even be in office.

musicman44mag
musicman44mag
3 months ago
Reply to  Longeno

I look at him and then listen and I think one thing. Mafia gangster.

OreGONE the state all druggies are moving to.

musicman44mag
musicman44mag
3 months ago
Reply to  Longeno

and it should be mandatorily broadcast on all channels of TV. In new dork, time square would be a great place.

musicman44mag
musicman44mag
3 months ago
Reply to  Longeno

awaiting approval for what?

Tionico
Tionico
3 months ago
Reply to  Longeno

I have long maintained that the ONLY appropriate means of dispatch for such as these is the traditional firing squad. they want to disarm u? They meet their Maker as a direct result of the very item they want to prohibit to the rest of us.
No hood. Face the “music”.eyes open wide. THAT would be justice.

RoyD
RoyD
3 months ago

That photo speaks volumes.

Winchester1873
Winchester1873
3 months ago

Totally useless idiots.

Montana454Casull
Montana454Casull
3 months ago

Democrats use deception to meet all thier goals . These dishonest idiots used fraud and deception to put the clown in the oval office . They don’t have a honest bone in their lying bodies . Deception is the only game these idiots have . Deceiving the masses has been thier end game ever since I can remember . Anybody that voted for this crap is getting the bill now unfortunately so are the rest of us . Inflation and devaluing the American dollar so they can weaken and destroy America and seize our guns and enslave us all .… Read more »

musicman44mag
musicman44mag
3 months ago

Hey Montana, I am heading out on vacation and when I drive on my way to Glacier I will give you a big wave. I like a lot of your comments.

Oregone, druggie capitol of the USA.

gregs
gregs
3 months ago

you would think after the many number of years the left has been lying to the public about firearms that these lies would begin falling on deaf ears. i know some of the public will believe anything their masters say, bold faced lie or alternative reality, but come on! many people just do not think for themselves any more and critical thought is not taught in school. they honestly do not care about the numbers of deaths from firearms, or they would be screaming about the number of deaths in the demoncrat controlled cities around America. they care that we… Read more »

JSNMGC
JSNMGC
3 months ago

Another good article David. You summarized the logic many 2nd Amendment activists have been saying for many years. It’s worth adding:

  • The PLCAA was put in place largely to prevent people like Guiliani (Trump’s personal attorney) from using taxpayer money to sue dozens of firearm manufacturers for the grievous crime of manufacturing firearms (for those not familiar – look it up); and
  • Where are all the “pro 2nd Amendment” Republican politicians? Why do they so infrequently point out the absurdity of the logic of this type of legislation?
musicman44mag
musicman44mag
3 months ago
Reply to  JSNMGC

Amen, good morning.

JSNMGC
JSNMGC
3 months ago
Reply to  musicman44mag

Howdy.

JSNMGC
JSNMGC
3 months ago
Reply to  JSNMGC

Will can help himself – he downvotes “Howdy.”

Watch:

The sky is blue, Will.

JSNMGC
JSNMGC
3 months ago
Reply to  JSNMGC
Last edited 3 months ago by JSNMGC
JSNMGC
JSNMGC
3 months ago
Reply to  JSNMGC

You gotta love that bass, right?

TX Kinz
TX Kinz
3 months ago
Reply to  JSNMGC

You are absolutely right. The GOP has been absolutely inept and seem to care more about favorable media than doing the job they were elected to do. What is the last real accomplishment of the Republican Party? Meanwhile the seditious Democrats continue to chip away at the Constitution with alarming speed. All politicians take an oath to protect and defend the Constitution and yet many would rather see it burn. If there was any justice, we would see these traitors charged, sentenced and executed. Of course that will never happen although it should. Firearm and ammunition companies should move out… Read more »

JSNMGC
JSNMGC
3 months ago
Reply to  TX Kinz

I’ll say.

Find one Republican at this meeting who lifted a finger to dispell the lies that underly never-ending gun control:

https://www.c-span.org/video/?441884-1/president-trump-calls-comprehensive-gun-bill

Stag
Stag
3 months ago
Reply to  JSNMGC

There are only two people in Congress who understand and honor the 2A. TWO! I would like to say three but I’m still waiting to see how she pans out. The rest either outright despise it or pay lip service to it while negotiating it away a piece at a time or outright violating it themselves. The antis are easy to deal with. You know exactly where they stand and you don’t have to work to expose them. Just about every gun owner knows the danger they pose. The Republicans are the much more dangerous ones. The Butters and Fudds.… Read more »

Terry
Terry
3 months ago

This man is a total fool. He continues to go down the only road that has proven throughout the years to cause more Violence.

musicman44mag
musicman44mag
3 months ago
Reply to  Terry

That’s the game to support the reason for taking away guns because they believe we think that the guns are responsible for the crime ergo fast and furious as an example.

Hazcat
Hazcat
3 months ago

Stop sourcing, manufacturing and selling (including police) in NY. They don’t want your guns so why set yourself up for a beating?

Should do the same with CA and any other state that wants to disregard the 2A. But no, you go ahead thinking of short term profits instead and overlook the long forecast.

J Gibbons
J Gibbons
3 months ago

A possible solution for the gun manufacturer the next time they are sued for the criminal actions of someone who happened to use the gun. Add the vehicle manufacturer of the car the shooter used to get to the crime scene as a third party for not keeping their car out of the hands of the shooter. If there is evidence on the shooter’s phone, add the phone maker and wireless carrier as third-parties. How about the clothing maker for whatever the shooter was wearing? (Hopefully Levi, North Face or some other anti-gun clothing made by children in China). If… Read more »

musicman44mag
musicman44mag
3 months ago
Reply to  J Gibbons

If you lived in Oregone and that was how things worked, you would have to put your car in a state approved safe and have a boot on all four wheels.