In a significant ruling, the 3rd U.S. Circuit Court of Appeals announced on Thursday that New Jersey possesses the authority to sue firearm manufacturers under its “public nuisance” law. This comes as a substantial victory for the ant-freedom state and its ongoing efforts to gut public safety amidst the backdrop of gun rights affirmation by the U.S. Supreme Court.
From Fox News:
“A three-judge panel on the 3rd U.S. Circuit Court of Appeals unanimously ruled that a legal challenge brought against the law by the National Sports Shooting Foundation (NSSF) was premature. Though the court acknowledged the law is somewhat vague about what conduct can trigger a lawsuit from the state, it nevertheless said the firearms industry “jumped the gun” by filing a legal challenge before demonstrating injury. “
Although New Jersey’s “public nuisance” legislation was signed into law by Democratic Governor Phil Murphy in July 2022, the National Shooting Sports Foundation (NSSF) moved swiftly, only four months later, to block its enforcement.
NSSF argued that this state law was in direct contradiction to the federal Protection of Lawful Commerce in Arms Act (PLCAA), which offers broad protective measures against liabilities for the gun industry. However, the recent 3rd Circuit decision ruled that NSSF’s legal challenge might have been too hasty. This sentiment was mirrored in Judge Stephanos Bibas’ statement, noting that there was little evidence to indicate that enforcement was imminent.
As a result, he commented, the firearms industry “jumped the gun” by filing a legal challenge prior to any observable harm.
Despite this setback for the gun industry, the NSSF remains resolute. Lawrence Keane, the NSSF General Counsel, pointed out that while they disagreed with the court’s decision, it’s important to underline the court hasn’t expressly stated that New Jersey’s law is compliant with the PLCAA. This distinction leaves a door open for further legal challenges if New Jersey moves to enforce the “public nuisance” law against firearm manufacturers.
This constitutionally shaky law is part of a broader series of gun reforms rushed into law by Governor Murphy. It grants New Jersey the ability to sue the firearms sector over concocted “public nuisance” violations that government officials claim arise from various stages in the gun lifecycle – from manufacturing and distribution to marketing. The significance of this strategy is further highlighted by the establishment of a new office by the state attorney general, Matt Platkin. This office, reportedly the first of its kind in the nation, sole purpose is initiating civil enforcement actions against firearm companies at taxpayers’ expense.
Democrat supporters of the legislation believe it’s an essential tool for public safety. Attorney General Platkin reaffirmed this belief, stating that the law aims to hold accountable those whose actions, driven by profit motives, exacerbate the epidemic of gun violence.
On the national stage, New Jersey’s initiative appears to be setting a foreboding precedent. Following the state’s lead, other predominantly blue states, including Delaware, California, Colorado, Hawaii, Washington, and Illinois, have either passed or are considering analogous measures to attack the gun industry, one of America’s last robust manufacturing sectors. With the 3rd Circuit’s ruling being the first instance of a federal appellate court weighing in on such laws, the decision will likely influence subsequent judicial perspectives.
The journey is far from over. As states tread this shady legal path, they are guaranteed to encounter additional challenges from the gun industry and advocates for the U.S. Constitution. The primary contention remains the incongruence between overarching state laws like New Jersey’s and the federal PLCAA.
Note: Direct quotes and information have been sourced from Fox News and Politico. For detailed references, please refer to the original articles from these outlets. Research behind this article was generated using AI technology and may contain some automated content aggregation and analysis.
Voting democrat is clearly a “public nuisance ” .. but nobody is getting sued for that, now are they.
It’s really time for secession. The evil underneath this Marxist dog and pony show is self evident. Let the red secede from the blue and in a few years the blue states will turn into hellholes if they aren’t already. Biden has already run us into an iceberg and we’ve been taking on water for a long time. Best to retrench the Constitution in its original form and allow freedom loving human beings thrive instead of becoming slaves of the state.
Wait a minute now, are the three judges saying that because the new law hasn’t been enforced or a lawsuit from the state hasn’t happened yet the NSSF can’t claim an injury taken place? What about the PLCAA, and the Constitution? I think if they are holding everybody over the coals for public nuisance shouldn’t “We the people” sue the district attorney and judges for not enforcing existing law letting criminals off without so much without anytime in jail/prison, or parole/heavy fines? The next asinine thing these non-producing money suckers say that firearm manufacturers are driven by profit? Of course… Read more »
You deserve the Tyranny and Tyrants…You Allow. This ruling is a clear violation of the 2005 (PLCAA), Protection of Lawful Commerce in Arms Act. As well as another attempt to kill the 2nd Amendment by, death from a 1000 cuts.
“amidst the backdrop of gun rights expansion by the U.S. Supreme Court.” Wrong! There is no expansion. Only reversal of egregious infringement.
This ruling allows hypothetical victims to take action against those that didn’t do anything. Anybody that thinks this isn’t serious shouldn’t forget what Sandy Hook “families” did to Alex Jones! Taking out their rage and hatred on that innocent guy.
Democrat policies on policing, prosecution of criminals, and incarceration of criminals, prove that democrats don’t care about reducing crime or violence. So what is their reason for wanting to render the public disarmed?
It’s almost like they want to be able to get away with something.
The same state that elected that RINO and fat lying bridge gate pig .
Attention OREGUN. Signatures are beginning to be obtained to put Constitutional Carry on the Oregun ballot. 160,500+ signatures are required. You have to be able to vote. If you are not registered to vote, voter registration will be provided, and you can sign both forms and we will gladly mail them in for you. Look for that guy on the side of the road with a sign and when you see (Oregon Constitutional Carry, Sign Here”, please pull over and sign up. If they are in your grocery store or walking door to door, that is your chance to make… Read more »
I’ve said it before, I’ll say it again. All the gun manufacturers and dealers need to band together and make a “policy” (to paraphrase Seinfeld’s “Soup Nazi”) , “No gunz for you”. If you work for the state/county/local Gooberment, be it po-po, wildlife, bodyguard, whatever, then NO GUNZ FOR YOU! NO AMMO FOR YOU! NO REPAIRS FOR YOU! And if a private citizen is caught buying gunz/ammo/repairs for Teh Gooberment, well, then, shouldn’t that fall under a “straw purchase on behalf of a restricted person”, and be prosecuted thusly by the local gun dealers? Make the Gooberment feel the “pinch”… Read more »