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January 1, Federal Appeals Court Allows New Jersey to Sue Local Gun Industry
In a landmark decision, a federal appeals court has given the green light for New Jersey to sue gun businesses in its jurisdiction under the recently introduced “public nuisance” law.
The U.S. Court of Appeals for the 3rd Circuit weighed in on a lawsuit presented by the National Shooting Sports Foundation (NSSF). This organization challenged New Jersey’s right to take legal action against the firearms sector. According to the Court of Appeals, the NSSF’s case was prematurely filed.
While the court did acknowledge that New Jersey’s recent law is somewhat ambiguous and lacks specifics about the circumstances that can lead the state to file a lawsuit, they indicated that immediate enforcement of the law did not appear imminent.
“The National Shooting Sports Foundation challenges a new state gun law as violating its members’ constitutional rights,” said Judge Stephanos Bibas, who was appointed by former President Trump. “But we see little evidence that enforcement is looming.”
The background to this case was set in July 2022 when New Jersey Governor Phil Murphy endorsed the “public nuisance” law. This legislation empowers the state’s attorney general to file suits against local gun enterprises.
Significantly, it provides an exemption to the federal Protection of Lawful Commerce in Arms Act (PLCAA), a law that typically shields the gun industry from liability.
Earlier, a district court had sided with the NSFF in January, asserting that New Jersey’s “nuisance law” clashed with the provisions of the PLCAA.
In response to the recent ruling, NSSF’s General Counsel, Lawrence Keane, highlighted the organization’s continued commitment to challenge the state’s stance against the gun industry.
“While we respectfully disagree with the court’s decision on our pre-enforcement challenge, it is important to note the court did not say New Jersey’s law does not violate the Protection of Lawful Commerce in Arms Act; it clearly does,” remarked Keane.
It’s noteworthy that this represents the inaugural occasion on which a federal appellate court has offered its perspective on these emerging gun laws.
As our loyal readers, we encourage you to share your thoughts and opinions on this issue. Let your voice be heard and join the discussion below.
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Recce
August 24, 2023 at 6:30 am
A ban is coming on ALL semi-automatic weapons. That includes rifles, shotguns, pistols, and double-action revolvers.
Dwayne Oxford
August 24, 2023 at 6:55 am
Yup, lucifer’s dimmercraps want us disarmed.
David
August 24, 2023 at 7:03 am
All politicians are in on it. Evedyone knows democrats hate America, God and freedom bit republicans are worse because they let them get away with it. Like Rand Paul spending a TON of $ on fraudci, and nothing will ever be done. They have every speck of evidence he lied and the clinical trial data shows they all knew how dangerous the shots were. “Willful misconduct.” Anyways, they’re being made by contracted companies through darpa so it doesnt matter. It’s easier to kill more when people are unarmed. The same people thst wear masks and take shots will be thr same to turn in their guns. Just imagine if everyonr united? Do not comply.
Bill
August 24, 2023 at 7:18 am
Now, we can sue car companies for the crashes and deaths, knife and baseball bat companies for the deaths these items cause. The utter stupidity of any court holding the company responsible for the deaths caused by criminals is the beginning of the end of hundreds of companies and of our freedoms.
Donald Cook
August 24, 2023 at 8:53 am
can we sue Democrats for Stupid Laws?
CandygramForMongo
August 24, 2023 at 7:41 am
So when some POS gangbanger shoots someone in NJ it’s the gun industries fault? CAN YOU SAY “UNCONSTITUTIONAL” AS PHUCK!!!! Can the gun industry sue the state for failing to imprison those responsible for the mass/ daily shootings?
CandygramForMongo
August 24, 2023 at 7:42 am
So when some POS gangbanger shoots someone in NJ it’s the gun industries fault? CAN YOU SAY “UNCONSTITUTIONAL” AS PHUCK!!!! Can the gun industry sue the state for failing to imprison those responsible for the mass/ daily shootings?
Richard
August 24, 2023 at 10:11 am
Does this mean that taxpayers can sue the police department, city and state if they are injured because those agencies didn’t adequately protect them from harm?? This ruling would set a precedent for future legal action.
Augustus Wade
August 24, 2023 at 10:58 am
Supreme Court…NOW
Brian
August 24, 2023 at 11:01 am
Someone check the bank accounts of the judges and their families. For educated people they sure are acting awfully stupid. Must be a reason.
Judy
August 24, 2023 at 11:12 am
This is insane. The only one to sue is the person shooting the gun. The gun can NOT shoot itself. It has to have someone or something to pull the trigger. These Dem/Communists know this, but they are going to make you obey them because this is what they want done. It is all about Dem/Communist control and power.
Jim
August 24, 2023 at 11:49 am
Death by a thousand cuts. This is the same tactic that they are using against Trump and his inner-circle. Nickel and dime them enough that they will close down their business and go away. This law is openly unconstitutional and will be nullified by a higher court. In the mean time, the lawsuit costs the legal business lots of money to defend themselves and, like with Trump’s, allies, the Commies use this tactic to ruin them. Watch government agencies like this carefully. It exposes them as Communists in the way they treat their citizens.
captain blasto
August 24, 2023 at 12:39 pm
This is a repetition of the “tobacco settlement.” Criminals in the office AG in states got together with criminals in the judiciary to pull off an extortion game. They got away with it then, they are doing it again. They could not ban tobacco, but they could siphon off a huge portion of the profits from it and pocket it. The garbage that is so easily brainwashed (the public) cheered the con game. The same is being done in this case. There is no way that there can be a ban on firearms until the Dem-Com tyrants steal two more elections. They can’t change the court for at least another 10 years, unless there are “suicides.” In the meantime, they take any profits, pocket them and continue to get the media, which they own to continue to brainwash (I use the term “brain” very loosely), the public into thinking that guns kill people, automobiles cause automobile accidents, and Directors of Public Health are concerned about stopping a virus. It works – over and over again. Get used to seeing it.
Sol romain
August 25, 2023 at 9:48 pm
So,it’s ok to Sue gun manufacturers,ok the I could Sue say,GM,FORD,CHRYLER,OR SAY TOYOTA,IF I HIT WITH ONE OF THEIR CARS?