Supreme Court Fight Over Lawsuits Targeting the Firearms Industry

Austin Reville
6 days ago
3 min read

Letitia James Attorney General of New York (D)

Another major Second Amendment battle is heading toward the U.S. Supreme Court—this time focused not on firearms themselves, but on the survival of the industry that makes them.

The Second Amendment Foundation (SAF), alongside key allies, has filed an amicus brief urging the Court to take up National Shooting Sports Foundation v. Letitia James, a case challenging New York’s attempt to sidestep federal protections for the firearms industry.

What This Case Is About

At the center of the fight is the Protection of Lawful Commerce in Arms Act (PLCAA). This is a federal law passed to prevent gun manufacturers and dealers from being held liable for crimes committed by third parties using their products.

The purpose of this law was to protect firearm companies from being sued for criminal misuse of legally sold products. This brings the industry in line with other industries like car manufacturers aren’t liable for drunk driving.

However, New York has chosen to take a different approach. The state enacted a law allowing public nuisance lawsuits against gun companies—effectively creating a legal workaround to bypass PLCAA protections.

The Core Issue

SAF and its partners argue that New York’s law is in direct violation of federal authority. The argument is clear, congress passed PLCAA to stop politically motivated lawsuits. However, New York is attempting an end-run around that protection. If this is allowed to stand, it could reopen the floodgates to industry-killing litigation.

This isn’t just about one lawsuit—it’s about whether states can undermine federal law to achieve gun control through the courts.

A Coordinated Legal Effort

This is a joint effort by SAF. Their amicus brief is backed by some of the heaviest hitters in the 2A community. These include:

National Rifle Association (NRA)
Independence Institute

Together, they’re asking the Supreme Court to step in and reaffirm that PLCAA still means what Congress intended it to mean.

Why This Matters

At 2 If By Sea Tactical, we see this as one of the most critical fronts in the fight for the Second Amendment. Because without a functioning firearms industry there is no way for citizens to “bear arms”. This mean there is no meaningful way to exercise the right.

This case goes beyond policy—it strikes at the foundation of the entire system. This is why New York’s approach cannot be upheld. If it is upheld it would encourage other states to pass similar laws (we are seeing others attempt too already). It will also lead to a wave of lawsuits designed to bankrupt manufacturers and dealers.

This is all done to achieve gun control without passing legislation. By utilizing groups and lawsuits, anti-gun politicians hope they can bankrupt the industry without passing a law. This is a backdoor work around attempt of the Second Amendment and cannot be allowed to stand.

A Familiar Strategy

This is something we have seen before. When legislation fails → shift to litigation. When courts block direct bans → target the industry instead. Rather than banning firearms outright, the strategy becomes sue the industry until it collapses. Congress recognized this threat years ago—that’s exactly why PLCAA exists.

The Bigger Picture

This case represents a chance to answer a critical question, can states use the courts to do what federal law explicitly forbids? If the Supreme Court agrees to hear the case, it will have the opportunity to answer that question. This is the case that can strengthen the PLCAA and reinforce those federal protections.

It would go a long way to shutting down abusive litigation strategies and protect the lawful commerce that underpins the Second Amendment. With these protections, we can see the gun industry thrive and have a chance to succeed.

The fight for the Second Amendment isn’t just happening in legislatures—it’s happening in courtrooms across the country. Increasingly, the target isn’t just gun owners, it’s the industry itself. We here at 2 If By Sea Tactical encourage you to stay informed right here at our “Patriot Alamance”. Because if the courts allow these legal end-runs to stand, the consequences won’t stop in New York we will see them spread nationwide.

Here at 2 If By Sea Tactical we strive to bring you the best experience in the firearms world. As we continue to grow the media arm of 2 If By Sea, make sure you keep tuning in to our Youtube and Rumble channels and right here at “The Patriot’s Almanac” to stay informed on the latest happenings in the firearm world! But we are not lawyers, so this isn't legal guidance. We are proud to be Southern Minnesota source for all things 2A.