It hasn’t been a great week for progressive statists, who are learning that the Constitution doesn’t grant them the broad powers they thought it did — and that activists judges have allowed for too long. Like cornered animals, they’re wildly flailing and lashing out.
The meltdown started after the United States Supreme Court struck down New York’s concealed carry law one week ago, ruling that “New York’s ‘proper cause’ requirement to obtain a concealed-carry license violates the Constitution by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.” Of course, that did not make New York Attorney General Letitia James very happy, and she promised to “do something.”
On Wednesday, the recently-smacked-down AG did something, announcing a lawsuit against 10 companies that sell unfinished firearms components, accusing them of being “gun distributors…selling weapons to felons and others without a background check” and blaming them for flooding New York’s streets with “illegal ghost guns that harmed New Yorkers.” New York City Mayor Eric Adams filed his own federal lawsuit against five of the same companies.
Gang bangers spend their free time making their guns out of receivers and frames. Because it requires no special skill or equipment, you know.
Just kidding. They could make their guns and they would be dangerous.
New York Attorney General Letitia James and New York City Mayor Eric Adams are suing 10 companies that produce “ghost guns,” which are unregistered guns that are typically assembled from a kit and are difficult to trace https://t.co/C8tQC15n1Y pic.twitter.com/m02h8KLOF0
— Bloomberg Quicktake (@Quicktake) June 29, 2022
James’ lawsuit is partially based on the invocation of the Public Nuisance law:
Six claims are brought by Attorney General James against distributors. This is the first instance of the Public Nuisance law. According to the Public Nuisance claim Attorney General James claims that these distributors endangered safety and the health of New Yorkers through the sale and importation of dangerous and illegal goods into New York. He also asserts that they failed to take reasonable steps to ensure their products do not fall into wrong hands.
In James’ press conference she told those who believe her lawsuit is based on political animus and not the law that she’d see them in court. Firearms Policy Coalition wrote to James (and Adams), warning them that the lawsuits should be dropped or that they will see her in Court.
A letter should be read completely as it is art.
Dearest Mayor Adams and Attorney General James,
We have received your related lawsuits against the ten private sellers of legal products. You appear to be seeking to exploit a broad New York regulation scheme and a torturous and inaccurate reading of federal law to illegally and morally take the livelihoods and profits of people across this country. It might help to point out your position.
For one—and this might take you by surprise—the truth is that you simply cannot control the actions of people that are not subject to your respective jurisdictions.
This lawsuit is brought against innocent, hardworking individuals who have followed the laws of their respective jurisdictions and not only federal law. As we can’t force you to recall our birthdays, so you can’t force others to comply with your laws. It is impossible to make such a request in any case.
New York City, at one time, was considered the capital de facto of the United States. We’re sure this is an immense point of pride, but that temporary honor ended in 1790. It was two-hundred-thirty-two years ago. It’s time to let go.
With it established that you are neither Attorney General nor Mayor (nor Premiere), respectively, of this nation, we must further remind you that you cannot rewrite nearly a thousand years of common law precedent by simply deeming conduct a “public nuisance” with the stroke of a pen. While it may be effective in your yard, it won’t in ours.
In your June 29 press conference, you responded to a reasonable concern that your lawsuits were based neither in fact or law, but merely political animus, by smugly stating “see you in court.” Many would call this bullying, and find it unbecoming of public officials. However, we enjoy fighting back against bullies such as you. And States and municipalities don’t get to opt out of the Constitution. With that said, you should end your assault on fundamental rights and property now—before we “see you in court” and a federal court once again reminds you of your place.
Boo!
The letter is signed by FPC’s policy counsel, Matthew Larosiere. FPC’s not the type of organization to issue such a warning and not follow up, so what comes next should be interesting.
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