City of Rochester files lawsuit against gun industry as violence continues

The City of Rochester on Wednesday sued a host of companies in the firearms industry, alleging that the companies are fueling the violence in the city.

"The suit seeks to hold manufacturers, makers, importers, and distributors of firearms responsible for the illegal and unreasonable sale, manufacture, distribution, importing, and marketing of firearms," the city said in a statement Tuesday. "The City seeks compensatory and punitive damages, the creation of an abatement fund, and reimbursement of attorneys’ fees."

The City of Buffalo filed a similar lawsuit Tuesday in state Supreme Court, and Rochester is being assisted by the same law firm, Napoli Shkolnik PLLC. The lawsuits largely mirror each other,.

"The Defendants, such as Beretta, Smith & Wesson, Glock, Remington and Bushmaster, and Ghost Gun companies like Polymer 80 and Arm or Ally, manufactured or distributed thousands of firearms recovered in crimes committed in the City of Rochester and New York State," the statement read.

So-called "ghost guns" are untraceable and typically sold in parts to be manufactured.

Rochester, like many cities across the country, has seen a significant increase in gun-related violence and homicides in recent years. What is propelling the surge may not be known for years, if ever. Among the reasons highlighted by social service and criminal justice experts, as well as law enforcement, are the isolation of the pandemic and recent criminal justice measures. The latter, such as bail reform, are hot button issues and the limited available data is being wielded by all sides of the debate as evidence of their stance.

The availability of firearms has also been highlighted, and that, coupled with state legislation that was the offspring of the violence, is the foundation of the lawsuits.

Last year, state lawmakers approved a "nuisance law" that attempts to permit civil lawsuits to be brought against gun manufacturers and dealers. Typically, the firearms industry has had a blanket immunity to much litigation but this law, already affirmed by one federal court, attempts to circumvent that immunity.

A rash of mass killings has increased public support for gun control measures, some polling shows. Western New York Now has its own horrific trauma, with the May massacre of 10 Black people at a supermarket in Buffalo, a mass shooting by a racist 18-year-old.

“Addressing gun violence is a top priority of my administration, and I want to tackle this issue on every front,” said Rochester Mayor Malik Evans. “Violence prevention requires a multitude of strategies and a significant amount of collaboration. This is just the latest tactic I will dedicate to eradicating gun violence in Rochester."

In a statement to CNN, one of the defendants, Bushmaster Firearms Industries, said, “We have not had a chance to review the allegations in full at this time, but upon first blush, the verified allegations against Bushmaster Firearms Industries, Inc. are false. Our counsel is currently reviewing the complaint and evaluating a path forward to address both this lawsuit and the potentially libelous claims made against Bushmaster Firearms Industries, Inc."

The firearms litigation could ultimately reach the Supreme Court, as already there are dueling federal opinions around laws like New York's "nuisance" law.

The lawsuits contend that firearms manufacturers and others have avoided protective measures to keep guns from falling into the hands of criminals, and have ignored if not exacerbated the illegal trafficking of firearms.

Robert Spitzer, a State University of New York at Cortland professor who has authored six books on gun policy, said that the lawsuit from families who lost loved ones in the Sandy Hook mass killing laid the foundation for similar litigation.

In that mass shooting, 20 first graders and six adults were fatally shot at Sandy Hook Elementary School in Newtown, Connecticut, on Dec. 14, 2012. The families of nine students sued Remington, the manufacturer of the AR-15 used in the crime, and alleged that the company used marketing that appealed to troubled individuals.

The lawsuit settled for $73 million.

"The big thing about the Connecticut case was that it settled," Spitzer said. "It did not go to the bitter end and end in a trial."

Connecticut laws gave room for the litigation, navigating around federal immunity laws for gun manufacturers. For those suing, and those being sued, the legal war is often waged over efforts during litigation to unearth internal discussions with the manufacturers and marketers.

Spitzer likened the gun-related lawsuits to those that led to highly embarrassing revelations about the tobacco industry.

"Even though that (Connecticut) suit didn’t actually follow a whole trial process, it’s a big headache for the company," Spitzer said. "It's a way for the people who bring these suits to get information about the marketing that these gun companies use.

"In many ways the process is more important than the outcome."

This article originally appeared on Rochester Democrat and Chronicle: Rochester NY files lawsuit against gun industry as violence continues