OAN’s James Meyers
12:47 PM – Friday, August 18, 2023
A federal appeals court ruled in favor of the state of New Jersey to allow them to sue local gun businesses under the state’s “public nuisance” law.
The U.S. Court of Appeals for the 3rd Circuit ruled that the lawsuit brought by the National Shooting Sports Foundation (NSSF) over the Garden State being able to sue the gun industry was filed too early.
The Appeals Court claimed they filed the lawsuit before the new law enforcement began but did acknowledge that the new law is vague and does not detail what can cause the state to file a lawsuit.
“The National Shooting Sports Foundation challenges a new state gun law as violating its members’ constitutional; rights,” Judge Stephanos Bibas, a former President Trump appointee, wrote. “But we see little evidence that enforcement is looming.”
The lawsuit comes after New Jersey Governor Phil Murphy (D-N.J.), signed the “public nuisance” law into effect in July 2022.
The law allows the state’s attorney general to file lawsuits against local gun businesses based on an exception to the federal Protection of Lawful Commerce in Arms Act (PLCAA), which is meant to protect the gun industry from liability.
A district court allowed the NSFF’s imposition for a preliminary injunction in January, claiming the “nuisance law” was in direct conflict with the PLCAA.
However, NSSF General Counsel Lawrence Keane stated the gun organization will file another suit against the state if they enforce the law 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,” Keane said.
This is the first time a federal appellate court has weighed in on these new gun laws.
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