Opinion
WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, filed an amended complaint against New Jersey’s anti-Protection of Lawful Commerce in Arms Act (PLCAA) law that is not “consistent with the Constitution.”
NSSF filed a motion to reopen the NSSF v. Platkin case and for leave to file an amended complaint today in the U.S. District Court for the District of New Jersey. The motion and amended complaint were filed after New Jersey’s Attorney General Matthew J. Platkin brought a lawsuit against GLOCK, Inc., alleging the company is responsible for the criminal misuse of firearms when criminals modify and alter well-designed and lawfully-sold GLOCK pistols by illegally obtaining, possessing and installing a “switch” into the handgun.
NSSF previously sued to block New Jersey’s law from taking effect, but that challenge was dismissed by a three-judge panel for the U.S. Court of Appeals for the Third Circuit because the court determined that NSSF lacked standing at the time to challenge the law. The Office of Attorney General Platkin disavowed to the appellate court that it had any intention of suing firearm manufacturers for engaging in lawful commerce or placing liability on firearm manufacturers for the criminal misconduct of third parties beyond their control. They promised to only sue for a company’s own misconduct.
In dismissing the case, Judge Stephanos Bibas wrote, “[W]e see little evidence that enforcement is looming. Because the Foundation has jumped the gun, its challenge must be dismissed.”
That has all changed now that Attorney General Platkin is seeking to enforce this unconstitutional anti-PLCAA law against GLOCK, Inc., and other industry members.
“As feared, Attorney General Platkin has weaponized the judicial system against firearm manufacturers who have done nothing but engage in lawful commerce and have not violated any federal or state statutes. New Jersey is seeking to blame GLOCK and other industry members for the actions of criminals,” said Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel.
NSSF’s amended complaint argues that New Jersey’s public nuisance law flouts the will of Congress and undermines the U.S. Constitution because it is preempted by the bipartisan PLCAA. Additionally, it violates the First Amendment, Second Amendment, Due Process Clause and the Commerce Clause.
Keane said, “Attorney General Platkin’s lawsuit is the very definition of ‘lawfare’ and should be rejected by the court. The statute should be struck down as unconstitutional.”
New Jersey Attorney General Platkin’s frivolous lawsuit against GLOCK was filed shortly after the now- shuttered Biden-Harris White House Office of Gun Violence Prevention colluded with Everytown for Gun Safety to sue GLOCK on behalf of the City of Chicago advancing the same claim based on a similar Illinois statute. Once Chicago sued, Attorney General Platkin and a group of 15 other states threatened to sue GLOCK.
New Jersey has now followed through on its threat. NSSF now unquestionably has standing to revive its case that was dismissed without prejudice.
NSSF is separately challenging the constitutionality of the Illinois statute.
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
New Jersey has population of 9,230,000 people. Only 52% white. Say, isn’t New Jersey a island off the coast of North Korea run by power crazed mad men who want to enslave the people of New Jersey? Isn’t New Jersey the headquarters of the mob? I wonder how many New Jersey politicians have mob figures for friends and political donations? Instead of going after the 13% gang bangers , and putting them jail for drive by shootings, shootings at block parties, shootings over turf, shootings over drug dealing, the far leftist democrats go after gun manufacturers and law abiding American… Read more »
Nothing about New Jersey impressed me . Just another liberal shit hole . Good luck NSSF in the lawsuit .
The NSSF had “lacked standing”?… That’s a stretch. They’re the industry trade group, the real “gun lobby”.
But then again, the 2A is a second class right in many of the elite’s minds.
NSSF needs to amend their amended complaint. While the NSSF amended complaint states that “Defendant Matthew J. Platkin is the Attorney General of New Jersey, the chief law enforcement officer of New Jersey. Attorney General Platkin is sued in his official capacity and in his personal capacity. At all relevant times, Attorney General Platkin, as well as those subject to his supervision, direction, or control, are and will be acting under color of state law.” (emphasis added) the complaint is missing one charge because it is perfectly plain in 18 U.S. Code § 242 – Deprivation of rights under color… Read more »
sell nothing to nj state or cities, no ammo no guns no gun parts nothing not ballistic jell not powder and primers, not even 3dprinters to make their own