Federal court dismisses challenge to NJ gun law.
A Federal Appeals Court Dismisses Lawsuit Challenging New Jersey Gun Law
A federal appeals court has made a significant decision regarding a lawsuit challenging a New Jersey law that allows the state attorney general to sue firearms industry members over their marketing practices. The court announced its unanimous decision to dismiss the lawsuit brought by the National Shooting Sports Foundation (NSSF), a trade organization for firearms industry members.
The NSSF had argued that the New Jersey law, which allows the state to sue “bad actors” in the firearms industry, conflicted with a federal law called the Protection of Lawful Commerce in Arms Act (PLCAA). However, the appeals court ruled that the NSSF had “jumped the gun” by seeking a pre-enforcement block of the New Jersey law and had not provided sufficient evidence of its chilling effect on firearms industry marketing practices.
The court also noted that the New Jersey law only threatens civil penalties, rather than criminal ones, making it “less chilling” in nature. However, it did leave open the question of whether the threat of administrative penalties alone would be enough for standing.
Reactions to the Ruling
New Jersey Attorney General Matthew Platkin celebrated the appeals court’s decision, stating that the law is an important public safety tool. On the other hand, Lawrence Keane, the NSSF’s senior vice president and general counsel, respectfully disagreed with the ruling. He noted that while the court did not say the New Jersey law does not violate the PLCAA, it left open the possibility of future challenges.
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