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Posted on 01/31/2023 12:27:42 PM PST by Red Badger
A federal judge in New Jersey on Tuesday iced a new law celebrated by liberals that would allow the state to shut down, and likely bankrupt, the firearms industry if a single gun were misused in a crime.
U.S. District Court Judge Zahid Quraishi, a Biden appointee, said that he agreed with the gun industry that the New Jersey law was likely unconstitutional and granted the National Shooting Sports Foundation a preliminary injunction.
The judge, in a 20-page opinion, said that the New Jersey law signed last summer by Gov. Phil Murphy ignored a larger federal law that protects the makers of guns — and other items — from being dragged into court when somebody misuses their product.
Quraishi said that the federal 2005 Protection of Lawful Commerce in Arms Act provides immunity to gun and ammo makers and sellers against the types of public nuisance laws Murphy championed.
“The court is mindful that firearms are inherently dangerous and even more so in the wrong hands, but it is also mindful that the PLCAA embodies Congress’s earnest effort to balance those dangers against the national interest in protecting access to firearms,” wrote the judge.
Other states are considering similar laws, and the NSSF is fighting one recently OK’d in New York. It is likely that Quraishi’s order will stall or end some of those efforts because he so thoroughly shot down New Jersey’s A1765 law.
Mark Oliva, the spokesman for the National Shooting Sports Foundation, the industry trade group, told Secrets, “It’s a basic understanding of tort law. It’s the foundation of the Protection of Lawful Commerce in Arms Act, that anyone that criminally misuses a firearm or a product is responsible for the damages caused by their crime, not the person that lawfully made, lawfully sold that product.”
In an initial filing last November, the NSSF said the New Jersey law "is squarely preempted by federal law. In the late 1990s and early 2000s, several state and local governments sought to use novel applications of common law theories like negligence and nuisance to impose civil liability on manufacturers and sellers of firearms and ammunition when third parties misused their products. Congress saw these lawsuits for what they were: unconstitutional efforts to stamp out lawful and constitutionally protected activity."
In less legalistic language, Oliva added, “You don’t sue Ford and Budweiser when someone gets into a drunk driving accident and causes the death of another individual. That’s the responsibility of who broke the law.”
Oliva added that guns and, in some states, ammo and parts, first require buyers to pass an FBI background check, and that the guns many of the public nuisance laws are going after are owned or trafficked illegally by criminals.
GET THE INSIDER SCOOP FIRST WITH WASHINGTON SECRETS
In its case filed against New Jersey Attorney General Matthew Platkin, the NSSF charged that the state was readying an assault on the gun industry with the goal of bankrupting it.
That, and the indications that the attorney general was setting up an office to take down the gun industry, signaled that gun-makers and sellers were in imminent threat of financial danger.
Just a month after the law went into effect, Platkin created the Statewide Affirmative Firearms Enforcement (SAFE) Office. At the time, he threatened, “At a time when the U.S. Supreme Court is undermining states’ efforts to protect their residents from the carnage of gun violence, New Jersey’s Statewide Affirmative Firearms Enforcement Office will use the new public nuisance legislation to hold the gun industry accountable. With the establishment of this office we are sending a clear message to every participant in the firearms industry: if you violate our laws, you will pay.”
But in a statement later Tuesday, NSSF cheered the legal blow against Platkin and Murphy.
“NSSF is pleased by today’s ruling because we know New Jersey’s law is unconstitutional as it is preempted by federal law,” said Lawrence Keane, NSSF’s senior vice president and general counsel. “The bottom line is that Congress specifically addressed these sorts of harassing and baseless lawsuits when PLCAA was passed with an overwhelming bipartisan majority and signed into law by President George W. Bush. The court correctly pointed out in its opinion that New Jersey’s law directly conflicts with the intention of Congress," he said.
SCRIBD DOC AT LINK...................
“ law was likely unconstitutional ”
They never stop trying. Day after day after day
I don’t think the law should have been challenged.
The NSSF should have wholeheartedly embraced the law and pushed for the removal of the protections to include other items, like cars.
When a car is stolen and a car chase ensues? Sue the car company and the insurance company. When a car is used in the commission of a crime, sue the car company and the insurance company and the owner.
SUE EVERYONE INTO OBLIVION. /sarc
Absolutely applaud every victory for freedom and constitutional rights. Be glad when any court upholds the Constitution and the laws that protect our rights.
But always remember, the evil tyrannical bastards that propose these things will never, ever stop trying to enslave us until we MAKE them stop.
That day is coming.
National Shooting Sports Foundation ....
So, where was the ‘NRA’ ?
Oh, that’s right, nowhere other than printing up more fund-raising mailers to assault their members instead doing something of use.
Ohhh.....try drunk drivers “misusing” cars now! It’s liberal logic after all.
There, fixed it.
This Ping List is for all news pertaining to infringes upon or victories for the 2nd Amendment.
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More 2nd Amendment related articles on FR's Bang List.
I wonder if you replaced “huge” with “temporary” in the title if that might end up being more accurate.
That’s a fact. I like so many others, are lifetime members and continuously get harassed for more money. I tell them every time: stop wasting money on crap “gifts”, mailers and phone calls, and use the dollars to further the fight against these tyrants. Crickets.
Many Pakistanis own gas stations and 7-11s in New Jersey. Discuss. :-)
Me too. Now a life member.
I once bought a three years’ membership and within 6 months forgot that I had done so.
A year after that, I got a notice that I should renew my membership, which I did.
Basically, I felt tricked into paying for a membership that I already had.
So I upped it to lifetime, which I paid off over many years with their installment plan, but I put a periodic reminder in my calendar that I was to be careful about their asking me to renew, which they did many times, as I paid off the lifetime membership.
Snakes!
When you are a lifetime member, and they consistently hound you to become a member...tells me one of two things: they are incompetent at basic book-keeping, or they prey on folks like you, that forget or have a hard time saying no, because after all, they are looking out for our 2A interests.
They never stop trying. Day after day after day...”
Maybe we should start suing leftists for murders, loss of property and loss of income because of their policies.
all these shootings??...i dunno...their products seem to be working just fine...
More correctly, it is a very huge preliminary injunction...
Ignored a federal law?
Kudos to the judge for his decision, but isn't the appropriate term BROKE a law?
The 2005 Protection of Lawful Commerce in Arms Act is an example of a 14th Amendment-based law.
Excerpted from 14A:
"Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
"Section 5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article."
In fact, consider that the congressional record shows that when Rep. John Bingham, the main author of Section 1 of the 14th Amendment (14A), read the Bill of Rights as main examples of constitutionally enumerated protections that he included the 2nd Amendment.
“See 2nd Amendment (Article II) about middle of 2nd column.” — John Bingham, Appendix to the Congressional Globe
The problem now is that the Democratic and RINO elite don't seem to understand (blatantly ignore?) that the federal government's power to make peacetime, non-militia-related gun laws is limited to STRENGTHENING 2nd Amendment protections, for example, as opposed to desperate career Democrats and RINOs trying to stay in power by making unconstitutional, peacetime restrictive gun laws to try to win votes imo.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936.
The justices who decided Minor v. Happersett had put it this way about Congress's power to enforce Section 1 of 14A's prohibited state abridgment of constitutionally enumerated privileges and immunities.
“3. The right of suffrage was not necessarily one of the privileges or immunities of citizenship before the adoption of the Fourteenth Amendment, and that amendment does not add to these privileges and immunities. It simply furnished an additional guaranty for the protection of such as the citizen already had [emphasis added].” —Minor v. Happersett, 1874.
Oh don’t worry. Biden has appointed 100 judges so far. And with the senate not having much to do. The focus will be on appointing as many judges as they can in the next two years. Sure we still have the Supreme Court and the 60 or so lawsuits they accept every year. Fun.
Or cutlery manufacturers when knives are used to murder people.
There is literally no end to the ways everyday objects can be misused.
The commie-Nazis keep pecking at their fake issues.
Repeat. More repeats.
Joseph Goebbels would be proud
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