NSSF is seeking assistance from our New Jersey range and retailer members in an important litigation effort on behalf of the entire firearm industry.
As you may have seen, NSSF has moved to reopen its lawsuit challenging New Jersey’s Assembly Bill 1765 (“A1765”), which attempts to circumvent the Protection of Lawful Commerce in Arms Act (PLCAA). Under A1765, the lawful and constitutionally protected “sale, manufacturing, distribution, importing or marketing of a gun-related product” may be deemed to violate New Jersey law and justify the imposition of sweeping liability if a New Jersey judge or jury later finds that such conduct “knowingly or recklessly create[d], maintain[ed], or contribute[d] to” “any condition” that impinges in any way upon “the health, safety, peace, comfort, or convenience of” New Jerseyans. N.J. Stat. Ann. §§2C:58-34, 2C:58-35(a)(1).
NSSF previously secured a preliminary injunction against this law, but the federal appellate court ordered the case dismissed after the New Jersey Attorney General represented that he would not “prosecut[e] [NSSF] or its members just for participating in ‘lawful commerce’” and promised not to file suits against “industry members” seeking redress for the misconduct of third-party criminals. Mere months later, however, the AG began doing exactly that. Notably, the AG sued GLOCK Inc. on the theory that it should be held liable for criminals attaching illegal machine gun conversion devices to their lawful GLOCK pistols. Likewise, he brought an action against a New Jersey FFL for lawfully selling ammunition magazines and rifle ammunition without requiring identification—a practice that is not required by either federal or New Jersey law.
It has become clear that the NJ AG is dead set on imposing crushing liability on the firearm industry for simply participating in lawful commerce. NSSF has moved to reopen the case, but we need your help. We are seeking declarations from NSSF members attesting to their concern about the potential liability that A1765 could impose upon their business. Providing a declaration would be at no cost to you.
Please reach out to NSSF’s Chief Litigation Counsel, Shelby Baird Smith (shelbybsmith@nssf.org; 412-779-2139), if you are interested in providing a declaration, or can recommend a retail and/or range operation in NJ that can help in this crucial effort to invalidate A1765 and safe the PLCAA in New Jersey.
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