Opinion
WASHINGTON, D.C. – NSSF®, The Firearm Industry Trade Association, applauded the decision by U.S. District Judge Andrew Schopler granting an injunction prohibiting the enforcement of California’s law that exposes firearm industry members to lawsuits in California for the lawful commerce in firearms that takes place entirely outside the state of California when those legally made and sold products end up being misused by criminals and others in California.
The ruling by Judge Schopler in the U.S. District Court of the Southern District of California enjoined the enforcement of California AB 1594, the so-called “Firearm Industry Responsibility Act.” NSSF sued to challenge the law in June of 2023 and moved for an injunction. In granting the injunction, Judge Schopler found the law is likely unconstitutional because it violates the Commerce Clause.
“We are thankful the court enjoined the state from suing members of the firearm industry under this unconstitutional law that attempts to use the real threat of liability on commerce beyond California’s borders and impose its policy choices on its Sister states,” stated NSSF Senior Vice President and General Counsel Lawrence G. Keane.
Among other provisions, California AB 1594 bans the manufacture, sale and marketing of firearms the state deems “abnormally dangerous.” It allows civil lawsuits against a firearm industry member to be filed by the Attorney General, any municipality and any person who claims to have suffered harm from the misuse of a legal, lawfully sold firearm by a remote third party. The law unconstitutionally invades the sovereignty of sister States by directly regulating lawful commerce occurring entirely outside the state of California in violation of the Commerce Clause and the United States’ system of federalism. The law also violates the Protection of Lawful Commerce in Arms Act (PLCAA) enacted by Congress in 2005 to stop just these sorts of frivolous lawsuits against members of the industry.
Keane added, “We are reviewing the balance of the court’s decision and whether we will file an amended complaint to provide the court more details on how California’s unconstitutional law and its threat of crushing liability is causing real and ongoing harm to members of our industry.”
NSSF also claims in its lawsuit that the law also infringes on the Second Amendment and chills First Amendment rights by restricting protected free-speech advertising of Constitutionally-protected products that are lawfully made and sold – even when that advertising takes place outside of California’s borders.
About The National Shooting Sports Foundation
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations, and publishers nationwide. For more information, visit nssf.org
That’s a good start. Now make EACH AND EVERY California State Assemblyman and State Senator and Governor who voted for or signed this anti Constitutional and therefore treasonous bill into law PERSONALLY PAY THE LEGAL FEES for any and all entities who were forced to defend themselves in court against this grave overreach and then arrest them all for treason and h@ng them. That will be a nice way to move forward. These Rights-Stealing legislators need to be stopped. For good.
There are some states that seem to have an endless agenda of creating frivolous gun control laws. Knowing that these laws won’t pass muster, their main goal is to drain the funding of 2A organizations that must defend against these laws
California dems will always find a way to ignore everything they don’t like.
Oh, a real judge with common sense fighting the good fight legally that is accepted by all constituents on both sides without bloodshed.
It’s the hard way but things can and will change. Eventually the federal court rulings will have to be followed and will be enforced once we get a real president again.
Trump/Noem 2024
Leftist “studies” forecast doom for the non-liberal. A future where liberals simply stomp their way to victory!
The Liberal/Progressive Democrats that control California have no respect for court rulings and will continue to pass legislation in direct violation of any court ruling that interferes with their ideological agendas. They also have no fear that the citizenry will act to remove them from control, for violating their Constitutional 2nd Amendment Rights. In direct violation on numerous court rulings. Including rulings, by the Supreme Court on the Constitutional Right to Keep and Bear Arms. Unless and until the citizenry of California act in a concerted way to stop the tyranny actions of those in control. The attacks on their… Read more »