New York has enacted firearm laws that regulate not only complete firearms, but also parts, accessories, magazines, ammunition, and firearm industry conduct. These laws impose strict compliance requirements and expanded civil liability that make it impractical for out-of-state retailers like Arm Or Ally to sell or ship regulated products into New York.
What Is New York’s Gun Industry Liability Law?
In 2021, New York enacted a firearm industry liability law that allows the state and local governments to bring civil actions against firearm industry members when the sale, marketing, or distribution of firearm-related products is alleged to contribute to a public nuisance or public harm. The law narrows traditional protections and permits lawsuits even when a seller complied with federal law.
Official statute information:
https://www.nysenate.gov/legislation/laws/CVR/898
New York Attorney General overview:
https://ag.ny.gov/press-release/2021/attorney-general-james-ends-gun-industrys-special-immunity
Why Does This Increase Risk for Online Retailers?
New York’s liability framework allows civil claims based on how firearm-related products are marketed or distributed, not just on illegal conduct or defective products. An online retailer could face lawsuits alleging that ordinary sales practices failed to include sufficient “reasonable controls,” even when the retailer acted lawfully.
For out-of-state sellers, this creates unpredictable legal exposure and the risk of costly litigation simply for shipping otherwise lawful products into New York.
Other New York Laws That Add to the Compliance Burden
New York also enforces additional firearm and ammunition laws that complicate shipping and compliance, including:
- SAFE Act restrictions: New York’s SAFE Act imposes strict rules on firearms, magazines, and certain features, with definitions and enforcement that differ from federal law.
https://safeact.ny.gov/ - Magazine capacity limits: New York restricts magazines capable of holding more than 10 rounds, with limited exceptions.
https://www.nysenate.gov/legislation/laws/PEN/265.00 - Unserialized and privately made firearm restrictions: New York bans unserialized firearms and regulates unfinished frames and receivers, including restrictions on sale, transfer, and possession.
https://www.nysenate.gov/legislation/bills/2021/S13 - Ammunition sales requirements: New York imposes additional rules on ammunition sales and transfers that complicate direct-to-consumer shipping and fulfillment.
https://www.ny.gov/services/ammunition-background-checks
Is This a Political Decision?
No. This is a business and risk-management decision. New York’s expanded civil liability framework and layered firearm regulations significantly increase compliance costs, operational complexity, and legal exposure for out-of-state retailers beyond what is practical for Arm Or Ally.
Will Arm Or Ally Sell to New York in the Future?
At this time, no. Until New York law becomes clearer, more predictable, and less punitive toward out-of-state sellers, Arm Or Ally does not sell or ship firearms, parts, accessories, or ammunition into New York.
