Napoli Shkolnik is a national law firm with a proven record of success in complex commercial litigation, including cases addressing public nuisances and their impact on communities. With a dedicated team of attorneys, the firm delivers exceptional legal representation and fights for justice on behalf of those harmed by large corporations.
The U.S. Court of Appeals for the Second Circuit has ruled in favor of gun violence victims and communities in New York, allowing them to pursue civil claims against the gun industry. On July 10, 2025, the court upheld the constitutionality of New York’s public nuisance statute, which enables lawsuits against firearms manufacturers and sellers that contribute to public harm. This decision has significant implications for future litigation regarding gun violence across the state.
In the case of National Shooting Sports Foundation, Inc. et al v. James, the court rejected the firearms industry’s attempt to challenge General Business Law § 898-a-e. This law permits legal action against industry actors who knowingly or recklessly contribute to the gun violence crisis. The Second Circuit confirmed that the statute is not preempted by the federal Protection of Lawful Commerce in Arms Act (PLCAA), does not violate the Dormant Commerce Clause, and is not unconstitutionally vague.
As a result of this ruling, plaintiffs, including cities and victims, can now move forward with their claims against those in the gun industry whose actions have exacerbated the violence. Napoli Shkolnik, a law firm representing the Cities of Buffalo and Rochester, expressed satisfaction with the court’s decision. Partner Paul Napoli stated, “This decision restores a critical legal remedy for communities and individuals harmed by irresponsible and unlawful firearms business practices.”
The law mandates that gun industry members operating in New York implement “reasonable controls” to prevent unlawful marketing and distribution of firearms. Hunter Shkolnik, another partner at the firm, emphasized that the issue is not about lawful gun ownership but pertains to the industry’s responsibility to manage its market practices.
Napoli Shkolnik is preparing to re-engage several cases that were previously on hold due to this litigation, encouraging other jurisdictions and affected individuals to seek legal consultations. The firm has a strong track record in complex commercial litigation, particularly in cases addressing public nuisances and their impacts on communities.
As the legal landscape shifts following this ruling, the court’s affirmation of New York’s public nuisance statute could pave the way for increased accountability within the gun industry, allowing victims and local governments to seek justice for the harms caused by gun violence.
