The tragic reality of gun violence continues to devastate communities nationwide, exposing a fundamental flaw in America’s approach to gun safety: while gun laws remain stubbornly local, gun violence knows no borders. The recent Midtown Manhattan shooting demonstrates this deadly contradiction—a gunman legally purchased his AR-15-style rifle in Nevada, drove across multiple states, and executed New York City’s deadliest mass shooting in 25 years, all while bypassing the city’s strict regulations entirely.¹
This incident reflects a broader, more dangerous pattern: local gun safety measures cannot fully protect communities when firearms flow freely across state lines.²
When Local Laws Meet National Loopholes
The Manhattan shooter’s journey from Nevada to New York exemplifies what experts call the “iron pipeline”—the flow of weapons from states with weak gun laws to those with strong protections.³ Despite New York’s comprehensive SAFE Act and rigorous background check requirements, the gunman could secure a semiautomatic rifle in a single day in Nevada, where his concealed weapon permit allowed him to bypass additional screening.⁴
This pattern repeats nationwide with devastating consistency. In New York and New Jersey, states with some of the nation’s strictest laws, more than two-thirds of crime guns originate from the so-called iron pipeline along Interstate 95 from Southern states with weaker regulations.⁵ Chicago, despite having no retail gun dealers within city limits, sees weapons flow from Indiana gun shows where private sales require no background checks.⁶ In California, criminal gun smugglers use FedEx to transport weapons from states with minimal restrictions.⁷ The iron pipeline facilitates gun trafficking in the United States by relying on a lack of federal gun laws and differences in state regulation to profit from gun policy loopholes.
The economics are straightforward: a low-quality handgun selling for $200 in Atlanta commands $600-$800 in New York City.⁸ Approximately 60,000 guns are diverted to criminals across state lines every year, with many more likely crossing borders undetected.⁹
Recent Legal Progress Offers Strategic Pathways
Despite these challenges, strategic litigation is creating new accountability mechanisms that work within our federal system. Recent decisions show cautious progress, with the Court upholding ghost gun regulations in a 7-2 ruling, maintaining domestic violence firearm restrictions in United States v. Rahimi, and refusing to grant gun manufacturers broad immunity while preserving some federal protections in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos.¹⁰
Your Rights and Protections
Legal pathways exist for communities to pursue accountability across jurisdictional boundaries. The combination of federal court victories and state-level innovation demonstrates that strategic litigation can create real change within constitutional bounds, even when local laws face national challenges.
Protection of Lawful Commerce in Arms Act (PLCAA) Exception Claims
- Predicate Exception: The federal PLCAA blocks most litigation against gun industry members but contains exceptions. The PLCAA does not protect “actions in which a gun industry member ‘knowingly violated a state or federal statute applicable to the sale or marketing of’ firearms, and where ‘the violation was a proximate cause of the harm’ alleged.”¹¹ This provision is referred to as PLCAA’s “predicate exception.”
- Aiding and Abetting Claims: The Supreme Court’s recent decision in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos left the door open for liability claims where plaintiffs can show gun manufacturers aided and abetted gun dealers in unlawfully selling firearms to traffickers.¹² The Court refused to consider gun manufacturers’ broad claim that they can’t be the “proximate cause” of injuries, which is legally required to hold them liable under the PLCAA.¹³
- State Innovation Success: New York’s pioneering Public Nuisance Statute (Section 898) creates liability for gun industry members who “knowingly or recklessly endanger the safety or health of the public through their sale or marketing of firearms.”¹⁴ The Second Circuit’s decision in National Shooting Sports Foundation Inc. v. James upheld this approach, emphasizing that targeting irresponsible business conduct—not products themselves—can survive constitutional scrutiny.¹⁵
Federal Solutions to Gun Trafficking: Closing the Interstate Gap
The most direct ways to weaken trafficking into cities are through national gun control reform and implementation of federal policies such as:
- Universal background checks that eliminate the private sale loophole;
- Federal gun trafficking statutes with enforceable penalties that create real consequences;
- Mandatory reporting of stolen firearms to track weapons entering illegal markets;
- Interstate data sharing, currently limited by the Tiahrt Amendments;
- Closing the “boyfriend loophole” in domestic violence firearm restrictions;
- Improved tracing infrastructure and federal-state collaboration.
State gun control laws are insufficient when firearms can travel interstate; federal regulations must be implemented to ensure local protections can operate effectively.
The following organizations collectively address the interstate trafficking problem by working to eliminate the patchwork of state laws that allows firearms to flow freely across state lines, as documented in trafficking patterns where guns move from states with weak laws into states with strong protections. Work to implement change with the following resources:
- Contact Congress for Federal Gun Safety Legislation with Everytown
Everytown provides multiple specific federal advocacy actions targeting interstate gun trafficking gaps:¹⁶
- Tell Congress:
- Oppose the Federal Concealed Carry Mandate – Prevents weakening of state-level protections that currently limit interstate gun movement
- Pass the Federal Firearm Licensee Act (FFLA) – Creates federal oversight mechanisms to address dealer accountability across state lines
- Reinstate the Assault Weapons Ban Now – Establishes uniform federal restrictions preventing legal purchase in weak-law states for use in strong-law states
Take action: https://www.everytown.org/actions/
- Support Gun Safety Champions Through Electoral Action with Giffords
Giffords recognizes that federal solutions require electing candidates committed to comprehensive gun safety legislation.¹⁷
- Review Giffords PAC Endorsements– Support candidates who have committed to closing interstate loopholes
- Volunteer for Gun Safety Champions – Help elect officials who will pass federal legislation addressing the “Iron Pipeline” that brings guns from weak-law states into strong-law states
Vote for gun safety: https://giffords.org/elections/endorsements/
- Engage in Comprehensive Gun Violence Prevention with Brady
Brady’s federal advocacy specifically targets expanding the Brady Background Check System:¹⁸
-
- Support Federal Policy Reform– Advocate for universal background checks and mandatory reporting of stolen firearms
- Join Industry Accountability Efforts – Support Brady’s Combating Crime Guns program that targets negligent dealers who contribute to illegal trafficking
- Participate in Culture Change Campaigns – Help shift social norms around responsible gun ownership and storage
Get involved: https://www.bradyunited.org/take-action
These organizations collectively work to eliminate the patchwork of state laws that currently allows firearms to flow freely across state lines, addressing the core systemic issue that enabled tragedies like the Manhattan shooting where a gunman legally purchased weapons in Nevada and transported them to New York.
Conclusion
The contrast couldn’t be starker. While gun laws remain local, gun violence operates on a national scale. Until we bridge this gap through federal action, strategic litigation, and coordinated advocacy, communities nationwide remain vulnerable to the deadly consequences of our fragmented approach to gun safety. However, legal tools exist to create meaningful accountability.”
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Legal Disclaimer: This information is educational only. Gun laws vary significantly and continue to evolve. Always consult qualified legal counsel for specific situations.
If you need assistance with civil rights matters related to gun violence or public safety advocacy, the Law Office of Bhavleen Sabharwal provides strategic representation in constitutional law and civil rights cases.
¹ Stefanos Chen & Jonah E. Bromwich, Even New York’s Strict Gun Laws Couldn’t Prevent the Midtown Shooting, N.Y. TIMES (July 2025).
² Id.
³ How Gun Traffickers Get Around State Gun Laws, N.Y. TIMES.
⁴ Stefanos Chen & Jonah E. Bromwich, Even New York’s Strict Gun Laws Couldn’t Prevent the Midtown Shooting, N.Y. TIMES (July 2025).
⁵ How Gun Traffickers Get Around State Gun Laws, N.Y. TIMES.
⁶ Id.
⁷ Id.
⁸ Id.
⁹ Id.
¹⁰ Lydia Wheeler & Kimberly Strawbridge Robinson, Gun Control Backers Claim Modest Supreme Court Gains This Term, BLOOMBERG L. (June 12, 2025).
¹¹ Bonnie Eslinger, 2nd Circ. Backs NY Liability Law Targeting Gunmakers, LAW360 (July 11, 2025).
¹² SCOTUS Refuses to Grant Gun Industry Unfettered Immunity in Decision in Mexico Case, GIFFORDS (June 5, 2025).
¹³ Id.
¹⁴ Bonnie Eslinger, 2nd Circ. Backs NY Liability Law Targeting Gunmakers, LAW360 (July 11, 2025).
¹⁵ Nat’l Shooting Sports Found. Inc. v. James, No. 22-1374 (2d Cir. 2025).
¹⁶ Take Action, EVERYTOWN FOR GUN SAFETY, https://www.everytown.org/take-action/.
¹⁷ Elections, GIFFORDS, https://giffords.org/elections/.
¹⁸ Policy Reform, BRADY UNITED, https://www.bradyunited.org/policy-reform/.