The City of Buffalo, New York Tuesday filed a complaint against major gun manufacturers for fueling gun violence through their business practices. The case is in the Supreme Court for the State of New York in Erie County.
The 194-page complaint notes and documents the rise in gun violence in Buffalo and the state of New York. The complaint identifies the gun manufacturers as “ghost gun defendants.” Ghost gun manufacturers design guns to be easily converted into working, untraceable firearms and are sold without background checks. Buffalo claims that the ghost gun defendants violate, circumvent and assist their customers in evading gun laws designed to protect public safety. Additionally, the complaint asserts that gun manufacturers have “maintained the public nuisance” of unlawful possession, distribution and utilization of firearms.
In response to the complaint, Buffalo Mayor Byron Brown stated:
We have state public nuisance laws that we are empowered to enforce, and I intend on doing all that I can as Mayor to protect people and prevent the loss of lives resulting from gun violence. The conduct of certain gun manufacturers has unreasonably interfered with the public’s right to use open space free from fear.
The complaint asserts three causes of action against the manufacturers for violations of New York’s General Business law. One of the causes of action is a violation of Section 898, which allows New York cities to sue manufacturers for harms caused by weapons produced and distributed by the manufacturers. The complaint also sets forth a cause of action for common law public nuisance against the manufacturers, which is similar to lawsuits against opioid manufacturers for contributing to the opioid epidemic in the US.