Buffalo Sues Gun Makers Smith & Wesson, Remington, Others

As Buffalo points out in its complaint, an entity creates a “public nuisance” when its conduct “offend[s], interfere[s] with or cause[s] damage to the public in the exercise of rights common to all, in a manner such as to offend public morals, interfere with use by the public of a public place or endanger or injure the property, health, safety or comfort of a considerable number of persons.”

Nuisance actions have historically been used to hold companies accountable for things such as the creation of water pollution or toxic fumes; the use of the theory to combat gun violence is novel effort to go after the firearms industry. However, in recent years, plaintiffs in several jurisdictions have used the public nuisance theory to attempt to hold gun manufacturers responsible for gun deaths.

The use of nuisance law in this manner was specifically authorized in the Empire State by a July 2021 bill passed by the New York legislature. The bill, which has yet to be signed into law, “restores the ability of the state and localities to bring civil liability actions against firearm manufacturers and sellers for their own bad conduct,” according to New York State Attorney General Letitia James. Gunmakers challenged the law in federal court, but lost when a federal judge ruled that it did not violate the Second Amendment.

In addition to the nuisance claims, Buffalo alleges that the gun industry violated several portions of the Empire State’s business regulations that prohibit deceptive or dangerous business practices.  A similar theory focusing on gun companies’ marketing efforts was used by families of Highland Park shooter victims in an Illinois lawsuit.