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New York Democrat Introduces Bill to Ban Gun Sales and Manufacture

NY State Sen. Zellnor Myrie seeks to criminalize firearms industry

 on 25th August 2020 @ 1.00am
new york state sen  zellnor myrie  d brooklyn  introduced the new bill © press
New York State Sen. Zellnor Myrie (D-Brooklyn) introduced the new bill

A New York Democrat has introduced a new bill to criminalize the sale and manufacture of firearms, claiming it's the solution to the crime wave currently sweeping through the Big Apple.

Democrat-controlled New York City has recently returned to the bad old days of rising violent crime.

The soaring violence in Mayor Bill de Blasio's NYC has triggered an overwhelming demand for defensive firearms, particularly among non-traditional and first-time gun owners.

Yet, lawmakers who oversee jurisdictions that are descending into anarchy have found a target to black: Law-abiding citizens and their guns.

As a result of this fresh attack on Americans' Second Amendment rights, New York State Sen. Zellnor Myrie (D-Brooklyn) is now pushing a bill to outlaw the sale and manufacture of guns.

Specifically, the bill, introduced by Myrie last week, would amend New York State’s public nuisance law to allow the state to prosecute the “sale or manufacture of products” as an activity considered to illegally or unreasonably “create or maintain a condition which endangers the safety or health of a considerable number of persons.”

 every illegal gun on the street was a legally purchased gun at one time   myrie said © press
'Every illegal gun on the street was a legally purchased gun at one time,' Myrie said

While the language doesn’t mention firearms specifically, Myrie made clear that guns are exactly the “products” he has in mind, according to The Daily Caller.

“Every illegal gun on the street was a legally purchased gun at one time,” he told The New York Daily News.

Myrie continued: “In the wake of a gun violence epidemic plaguing the city, state, and nation, we have a duty to hold all responsible parties accountable.”

Yet while the bill amends a criminal statute, Myrie made clear that what he really hopes to do is to create a work-around to the federal Protection of Lawful Commerce in Arms Act (PLCAA) in order to empower gun control advocates to sue the American firearms industry into oblivion in civil court.

The Daily News article notes the impetus for the bill was a New York City lawsuit that sought to hold several firearms companies liable for creating a public nuisance because unaffiliated criminals were using their products to harm third parties.

That theory, however, did not hold up court.

New York Times article on the lawsuit quotes none other than Michael Bloomberg – America’s biggest spending firearm prohibitionist – as characterizing the nine-year legal assault on firearm manufacturers as one part of our strategy to fight against illegal guns.” 

The PLCAA finally put an end to New York Citys attempt to drain the lifeblood from the firearms industry through litigation costs.

Yet merely imposing those costs – even with a losing case – was a victory in itself for the anti-gun activists. Congress understood the existential threat these baseless suits posed to the American arms industry and enacted the PLCAA specifically so the suits could be disposed of as early in the proceedings as possible.

That is precisely why anti-gun activists are so focused on repealing the PLCAA that this goal has even made its way into the Democratic National Committee’s official platform.

Meanwhile, the trial lawyers who comprise a significant part of that partys base and donor class are salivating at the chance to reprise these suits, which pretend that violent criminals who misuse guns have no individual agency and that the true evildoers are legitimate makers and sellers of guns. 

The PLCAA does not protect anyone who knowingly violates “a State or Federal statute applicable to the sale or marketing of the product,” when “the violation was a proximate cause of the harm for which relief is sought … .”

This narrow exception was meant to cover egregious violations of laws directed at firearm sales, such as deliberately falsifying firearm transfer records or selling a gun to someone who the seller knew or should have known was legally prohibited from receiving it.

Nevertheless, the game for anti-gun activists has been to try to shoehorn every questionable legal theory they can think of into this category.

As unlikely as this theory may be to prevail at trial, the mere continuation of these suits is enough to help drive some of America’s longest-lived gun makers into bankruptcy.

And so it goes.

ny state sen  zellnor myrie claims his bill is a response to the  gun violence epidemic plaguing the city  state  and nation © press
NY State Sen. Zellnor Myrie claims his bill is a response to the 'gun violence epidemic plaguing the city, state, and nation'

Even if Myrie’s amendments are enacted, it’s highly doubtful a plaintiff could prove that a company making or selling guns in otherwise perfect compliance with federal and state firearms laws was still somehow unlawfully or unreasonably causing third parties to commit violent crime.

If that were so, then there would be essentially no way to engage in firearm-related commerce without running afoul of the law.

But just the fact that the law had changed might embolden a court to prolong a lawsuit long enough to accomplish its real aim, which is to drive the sued company out of business or force it to operate on the plaintiff’s term … for example, by refusing to sell guns to the general public.

The takeaway for gun owners could not be clearer: Firearm prohibition activists intend to weaponize the legal system against the industry that sustains their rights.

And make no mistake, the same politically-motivated judges who once tried to abolish the Second Amendment’s protection for individual gun owners entirely would be only too happy to accommodate them.

[RELATED] Joe Biden: 2nd Amendment Doesn't Say Americans are 'Entitled' to Own Guns

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