LEGISLATIVE RESOLUTION urging the New York State Congressional deleg-
ation to repeal the Protection of Lawful Commerce in Arms Act (PLCAA),
which was signed into law on October 26, 2005, and codified as 15 U.S.C.
§§7901-7903

WHEREAS, The Protection of Lawful Commerce in Arms Act (PLCAA) was
passed and signed into law to prohibit civil claims against firearm
manufacturers, distributors, dealers and importers of firearms or ammu-
nition products; and
WHEREAS, The PLCAA creates an unprecedented protected class for the
firearm industry and preempts the laws of New York State with regard to
tort liability for negligence; and
WHEREAS, Tort law requires individuals to be responsible for inten-
tional or negligent acts that cause injury to others and recognizes that
an activity or product may be so dangerous or hazardous that those who
engage in that activity or manufacture the product must be held liable
for any resulting damages; and
WHEREAS, Under New York State law, manufacturers of products with an
unreasonable risk of harm are strictly liable for injuries resulting
from the product (ROBINSON V. REED-PRENTICE 49 N.Y. 2D 471, 479 (1980))
and must exercise a degree of care which will avoid risk of harm to
anyone likely to be exposed to the danger in both intended and unin-
tended, but foreseeable uses; and
WHEREAS, The decision in HAMILTON V. ACCU-TEK 62 F. SUPP. 2D 802
(S.D.N.Y. 1999) found that several firearm manufacturers had not exer-
cised reasonable care in their marketing and distribution so as to keep
their handguns from falling into the hands of criminals and minors; and
WHEREAS, The cost of death and injury by firearm accidents and
violence is borne, for the most part, by victims, their families, and
the rest of society through the cost of private and government insur-
ance, medical care and law enforcement; and
WHEREAS, Research has been conducted which concludes that, since 1992,
firearm violence has cost the United States $100 billion in medical
costs, lost productivity, and lost quality of life; and
WHEREAS, An average of 100,000 people in the United States are shot or
killed with a gun each year; and
WHEREAS, An estimated 41% of firearm-related homicides and 94% of
firearm-related suicides would not occur under the same circumstances
had no firearm been present; and
WHEREAS, Higher household firearm ownership correlates with higher
rates of homicides, suicides, and unintentional shootings, and keeping a
firearm in the home increases the risk of homicide by a factor of three;
and
WHEREAS, There are five times as many deaths from gun assaults as from
knife assaults where the rates of assault with knives and with guns are
similar; and
WHEREAS, The cost of firearm violence is not borne by the firearm
industry, which profits greatly from the purchase of their product and
invests enormous resources into marketing firearms and fighting stronger
firearm control laws; and
WHEREAS, Strict liability should be imposed as a logical extension of
the firearm industry's social and economic toll on the general public;
and
WHEREAS, Requiring the firearm industry to internalize some or all of
the costs of their products would create an economic incentive for them
to invest in efforts to make firearms safer and keep firearms out of the
hands of potential criminals; now, therefore be it

RESOLVED, That the New York State Congressional delegation be and
hereby is respectfully memorialized by this Legislative Body to do all
within its power to repeal the PLCAA 15 U.S.C. §§7901-7903 and restore
New York State's ability to hold the firearm industry liable for damages
caused by their products; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to each member of the Congressional delegation from the State of
New York.