City of Rochester Sues Four Gun Manufacturers for Contributing to the Flow of Illegal Guns into the City
The City of Rochester v. Smith & Wesson Brands, Inc., Glock Inc., Sturm, Ruger & Co., Inc., and Taurus International Manufacturing, Inc.
Everytown Law, along with Brady and the firm Napoli Shkolnik PLLC, filed an amended complaint on behalf of the City of Rochester, in a lawsuit originally asserted by the City in 2021. The City’s lawsuit relies on New York State’s 2021 public nuisance law, which recognized that the flow of illegal guns into New York communities constitutes a public nuisance.
The federal district court stayed the City’s case, as well as a parallel case filed by the City of Buffalo, while awaiting the Second Circuit’s decision in NSSF v. James, a facial challenge to New York’s industry accountability law. Following the Second Circuit’s decision upholding the statute, the court lifted the stay and permitted Rochester to amend its complaint.
The City of Rochester’s amended complaint sues Taurus, Glock, Ruger, and Smith & Wesson, which together account for more than 40 percent of guns recovered in connection with crime in Rochester in recent years. As the amended complaint alleges, these manufacturers could meaningfully reduce the diversion of their guns into the illegal secondary market in Rochester by putting in place common-sense controls over their distribution chains. The City’s case seeks to hold these key industry players accountable for their obligations under New York law.
