Phil Murphy new jersey smart gun law
New Jersey Gov. Phil Murphy signs another gun control bill. (AP Photo/Seth Wenig)
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Like New York before it, New Jersey enacted a law enabling lawsuits brought by plaintiffs against gun makers and retailers under the state’s consumer protection laws. It’s designed to allow victims of “gun violence” to sue gun makers and retailers when criminals use legally-made and sold firearms in the commission of a crime.

These so-called “nuisance” laws — defining guns as presenting a public nuisance for which gun makers and retailers are liable — are thinly veiled attempts at lawfare, trying to get around the Protection of Lawful Commerce in Arms Act. The goal is to bankrupt the gun industry under a sea of frivolous lawsuits…the very kind that the PLCAA was passed by Congress and signed into law to prevent.

Along with New York and New Jersey, other anti-gun states such as Delaware and California have similar laws on the books, too.

Today, in response to a motion for a preliminary injunction in a lawsuit brought by the National Shooting Sports Foundation (NSSF v. Platkin), judge Zahid N. Quraishi blocked enforcement of the New Jersey law, noting that it “is in direct conflict with the PLCAA’s purpose.”

Well, yeah. That’s been clear from the start.

As Judge Quraishi wrote . . .

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. Under the circumstances, the Court is therefore compelled to find that (the state of New Jersey) fails to show legitimate countervailing concerns and that the public interest favors granting Plaintiff’s motion for preliminary injunction.

The NSSF is, as you’d expect, pleased by the outcome. They released this statement . . .

NSSF, The Firearm Industry Trade Association, welcomed the U.S. District Court of New Jersey’s preliminary injunction order to block a public nuisance law that was recently enacted by Democratic Gov. Phil Murphy. That law allowed frivolous and unconstitutional lawsuits against members of the firearm industry for the subsequent criminal misuse of a lawfully-sold firearm by remote third parties over whom members of the industry have no control. Judge Zahid Quraishi noted that the landmark 2005 Protection of Lawful Commerce in Arms Act (PLCAA) specifically protects against these baseless lawsuits that have no foundation in a basic understanding of tort law.

“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 G. 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.”

The Protection of Lawful Commerce in Arms Act (PLCAA) blocks lawsuits that attempt to hold firearm and ammunition industry companies liable for the criminal actions of third parties who misuse the industry’s lawfully sold, non-defective products. More specifically, this common sense law ensures that responsible and law-abiding federally licensed manufacturers and retailers of firearms and ammunition are not unjustly blamed in federal and state civil actions for “the harm caused by those who criminally or unlawfully misuse” these products that function as designed and intended.

Today’s decision should give pause to other states considering similar bills modeled on New Jersey’s law before they enact similarly unconstitutional laws that NSSF will challenge on behalf of the firearm industry. NSSF is challenging similar laws recently enacted in New York and Delaware.

NSSF was represented by Clement & Murphy, PLLC, in its challenge to New Jersey’s unconstitutional public nuisance law.

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38 COMMENTS

  1. You cannot stop a fascist from doing fascist things. It is long past time to de-not-zee-fy our .gov and education system.

    • I don’t know how bad the discrimination has to get before Gun Owners pull their heads out from their behinds and realize “Gun Owner” to today’s Gun Control democRat Party is a spinoff from the n-word.

      • I’m glad that the TRO has been left in effect.

        The disturbing thing is that if you click on the link you get to read this:

        “The NRA will not stand by while activist politicians pass unconstitutional laws that do nothing to promote public safety. We sued the state of Illinois because this new law is a blatant violation of Americans’ Second Amendment rights,” Ouimet said.

        Big hint, the NRA has nothing to do with THIS lawsuit, this was the first one filed and the NRA “backed” one was the last one filed as of this date. As it appears why is Jason Ouimet and the NRA taking credit for the Effingham County lawsuit and TRO?

        My point is the NRA should be attacking as a plaintiff with their own lawsuit, (not as a second party in that suit) Jason Ouimets statement pretty much sends the message send the NRA money even though we haven’t done a thing yet. It’s like they are taking credit for attorney Tom DeVore’s work which they have no part in.

        The NRA keeps calling my cell phone daily begging for money and they haven’t done a thing yet except for being second party in the last lawsuit filed. They will get nothing from me until they do something other then issue a statement. The NRA needs to get in the fight already and quit begging for money.

        This is why I stopped giving them money and gave and give to other pro 2A groups, the NRA hasn’t done a thing but ask for more money.

        • They call me and have no idea of what they are talking about, it’s obvious that they are just paid telemarketers. I used to give them a lot of money but when Wayne LaPierre and his board just started using donations as their personal slush fund and ran away from every fight in Illinois I started giving to GOA, ISRA and SAF. I actually got to talk to someone and had my number put on their do not call list, I don’t have time to just give money to an organization that does nothing in my state.

          I looked into my personal troll below and he supposedly is a 75 year old 500+ lb. process server in NY. His attitude comes from the fact that he was supposedly a RSO. He is also a Glock armorer. I don’t even like Glocks but know a lot of people who took that 8 hour class. It’s a Glock, it works, it’s been the same since the late ’80s. He’s also a big Star Wars fan. I think I found dacian or Miner49er. He is definitely one of the trolls that post under different names.

      • Rob S, I have a RED HOT NEWS FLASH for you. The NRA has also filed suit. it does not matter if they are first in line, second or tenth. For your edification, the NRA has been in the forefront of many gun rights cases. You see to think that they should handle all the law suits but you pitch a “itch about them asking for money. It might surprise you but going to court requires MONEY. Lawyers are not free, not to mention the filing fees.
        And yeah, I put my money where my mouth is. I’m a NRA Patron Life Member.

        • Well then you are what they call a sucker. The NRA is morally bankrupt and has an outsourced company do their telemarketing.

          They don’t need money for lawyers just their boards salaries.

          https://paddockpost.com/2022/01/21/executive-compensation-at-the-nra-2020/

          They haven’t done ONE thing in Illinois but talk, as a matter of fact they have either run away from 2A fights or compromised and I don’t compromise on the SECOND AMENDMENT.

          Having someone else file suit does not require them to spend a dime, they say they will back the suit financially but haven’t thrown a dime into this fight.
          NOT ONE CENT.

          RED HOT NEWS FLASH FOR YOU:
          If someone else wins the suit then theirs (the one they are “supposed” to back financially) never gets heard. Right now all they are doing is talking and taking credit for something they had no part in.

          I’m a little more versed in how the NRA operates then you and I’m sick of all of the prevarication coming from Wayne and his buddies.

          It’s your money, waste it anyway you want but do enjoy your $1500 lifetime decal. You bought Wayne a pair of pants and I’m sure your proud of that.

        • Rob S,
          A) You are damn right; it is MY MONEY.
          B) If you want a decently run organization, you have to pay the people who run it a decent wage commiserate with their job, their performance, etc.
          C) The lawyers that take cases from and for the membership don’t do it out of the graciousness of their hearts. They get paid for it.
          D) Apparently you are unaware of the law suit they have brought in Ill. I don’t give a rat’s behind if they joined in second chair or not. The NRA money is there working for everyone.
          E) No, you are not “more aware” of “how the NRA operates”. you have been suckered by the anti-NRA and anti- Wayne Lapiere crowd. If Mr LaPiere wants to spend $150 for a pair of trousers (men wear trousers, not pants, that is his business and none of yours).
          F) For your further edification, it was the NRA together with the NYSRPA that brought the suit that gave you and I, Bruen.
          G) If I were you I would delved into this with an open mind instead of listening or reading the Anti-s.

        • A) It’s $1500 for “lifetime” membership, not $150 so that’s questionable.
          B) “If you want a decently run organization” – That’s NOT the NRA, they will be a thing of the past soon and the anti 2A people know it. Wayne walks away with a 20 million dollar severance so he has a big incentive to run the NRA into the ground, which he is. They are losing members in record numbers and Wayne is getting old.
          C) Attorneys do indeed get paid, I have one on retainer.
          D) I am aware of the lawsuit in IL, the NRA hasn’t paid a cent and a bunch of people are worried about the NRA messing up decisions that have already been made. The NRA can just keep sitting on their hands, we can’t have them negotiating away any more of our rights, that’s their MO.
          E) I am very well aware of the NRA operates, I was involved with them going back to 1977.
          F) Bruen was brought by the NYSRPA and isn’t being enforced in most states, the Bruen decision seems to have shown the NRAs weakness.
          G) Pants is the PROPER term in the USA, I’m not in Europe but that’s my business.
          H) Go argue with dacian or others, to quote that idiot that you are about the dumbest hillbilly on the forum is probably one the only things he wrote that make sense.
          I) My open mind tells me that I have given 10 figures to a few different pro 2A gun groups, your one time $150 or $1500 gift to Wayne is petty. IOWs you are out of your weight class. Go pick an argument with someone else, preferably someone that you can win against. You constantly try and people just ignore you. Looking at the forum you have tried to pick a few arguments in the last couple of days, maybe you should spend some money on online therapy.

        • Correction: FIVE FIGURES to a few different pro 2A gun groups.
          The NRA is no longer one of them.
          I’m done with you, RSO from Rome.

        • Rob S, have you ever heard of “duplication of effort”? When multiple cases are filed on the same matter, they get consolidated into one suit anyway. The NRA is a part of the law suitx whether you like it or not.
          I get mailings all the time for additional donations to the NRA but I have not be solicited by a telephone caller.
          There is NO supposed to be a 500 lb…I don;t weigh anywhere near that . And yeah, I AM a CRSO (not a RSO) which can be confirmed on the NRA’s website. I am also CERTIFED in 8 different disciplines by the NRA as an Instructor. I am also a CERTIFED GLOCK armor. I don’t give a rat’s behind if you like GLOCK or not. The fact is the majority of law enforcement departments and agencies use them. IN this county alone only ONE department uses S&W.
          No I am not a “Star Wars” fan. That is my son. Dumbass! And I only post under one name. My own.

        • Rob S,
          A)Sorry to tell you but I did not pay $1500 for my Patron Life Membership. I got it on a special.
          B) That the NRA is not a decently run organization is YOUR opinion and we all know about opinions?
          C) I can see why you have an attorney on retainer.
          D) The NRA has paid money to their attorneys who have joined the suit in Ill. You are lying. but then when you don’t know the facts, that is what anti-NRA people do.
          E) I doubt you know how the NRA operates as you allege. Only what you and your anti-NRA cronies have propagated.
          F) If BRUEN is not being enforced in “most states” that is the problem of those people in those states. If it is brought to the attention of the local NRA affiliate, they will do something and the NRA will jump in. Here in NY, the NYSRPA has filed another suit and the NRA is involved.
          G) For your edification, pants are worn by WOMEN; trousers are worn by MEN. Europe has nothing to do with it.
          H) Call me al lthe names your little (and I do mean little) heart desires. The fact is you are a opinionated lackluster imbecil. What you know about me and or the NRA could fill volumes. Time for you to let the air out of your head.
          I) Talk is cheap. Just like your opinions.

  2. Is he trying to get attention to run for president? Lefties love authoritarians.

    Tucker Carlson pressed Murphy on the constitutionality of his recent executive orders that deem liquor stores essential and business and churches nonessential, which Murphy said he did not consider…”That’s above my pay grade, Tucker,” Murphy responded, saying he “wasn’t thinking of the Bill of Rights when we did this.”
    https://www.washingtonexaminer.com/news/above-my-pay-grade-new-jersey-governor-claims-bill-of-rights-did-not-factor-into-his-coronavirus-executive-orders

  3. The next stop is Washington State with the legislature, the governor, and the AG conspiring to eliminate firearms from the state. The Racketeer Influenced and Corrupt Organizations (RICO) Law is an excellent first step to stop them.

  4. I recall my freshman year joining the high-school cross- country team. We Frosh were issued old sweat uniforms until we proved we were going to stick with it. Once we proved our metal, we were issued new jerseys.

  5. S&W made a firearm used in a punks drive by shooting. Ford made the vehicle. Isn’t Ford just as liable for the crime as S&W? Can’t have a drive by shooting without the vehicle.

    • S&W doesn’t have more Democrat-supporting members in the UAW than any other automaker (like say Ford). Plus, guns bad! Of course it’s political.

    • You make an excellent point. PLCAA needs to be expanded to cover the criminal misuse of all legal products. Got drunk and wrapped your car around a tree? Not Ford’s, Jack Daniel’s, or the liquor store’s fault. You, your heirs, and the heirs of the person standing between your car and the tree shouldn’t be able to go for a cash grab from companies that did noting wrong.. They shouldn’t even incur the costs of defending such nonsense, and their legal fees should be paid by the plaintiffs AND their lawyers.

  6. When I was a teenager New Jersey was still an ok place to live. Still had some rural areas, some black bears, and some conservatives. Now it’s pretty much one big city, full of degenerates.

    • Just like the British Crown and we all know what happened to them. Much can be learned from history. The Rub is having the metal to act on what was learned.

      • Darkman, I think it is time for the NRA and others to file Contempt Citations for violation of the Bruen Decision against each and every member of each state legislature that voted to abridge out rights to own and carry a firearm as specified in the Bruen Decision. They are doing this willingly and knowingly.

  7. “The Court is mindful that firearms are inherently dangerous and even more so in the wrong hands”. The court shows its prejudice against the right to keep and bear arms with these words.

    A firearm is only as dangerous as the person possessing the weapon.

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