Court of Appeals dismisses NJ gun liability law

 August 20, 2023

Three judges for the U.S. Court of Appeals in the Third Circuit dismissed a lawsuit against New Jersey's gun liability law Thursday.

The lawsuit by the National Shooting Sports Foundation (NSSF) fought against the ability of individuals to sue its members.

Too soon?

"The panel explained the reasoning behind its decision is that the New Jersey law has yet to be used as a basis for suit," Breitbart News reported.

"The three judges — George W. Bush appointee Thomas M. Hardiman, Donald Trump appointee Stephanos Bibas, and Joe Biden appointee Arianna Freeman — found the NSSF suit premature," it added.

The background

"The law, which was passed last year, enables New Jersey’s attorney general to sue entities that manufacture, distribute, sell or market gun-related products if they contribute to a public nuisance," the Hill reported.

"The trade association filed the lawsuit in November before New Jersey’s law went into effect, and a federal district judge blocked the legislation in a preliminary decision," it continued.

Other issues

The same gun rights group is also involved in a lawsuit in Illinois over the advertising of firearms.

"The National Shooting Sports Foundation is suing Illinois for a new state law that limits how gun sales can be advertised, claiming that the law is unconstitutional," Newsmax reported.

"According to state law, marketing is prohibited that glorifies private militia and paramilitary actions or targets children," it added.

The increased litigation seeks to push back against recent legal moves in blue states that are pushing against Second Amendment rights. The New Jersey case focuses on removing liability for members to express their right to bear arms while the Illinois case focuses on rules that would stop gun store owners from advertising.

The moves serve as countermeasures to changes under the Biden administration to limit firearms in the U.S. that have included attacks on so-called "assault weapons" in response to increased mass shootings across the country. The new rules, however, instead seek to limit access to law-abiding citizens and often oppose basic Second Amendment rights provided in the Constitution.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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