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In anti-gun states, 2023 means new laws are taking effect, including more restrictions on Americans exercising their Second Amendment rights and baseless attacks on the firearm industry that supports that most critical constitutional right that protects all our freedoms.

Fortunately, these attacks are running up against a bipartisan federal law enacted to protect against this very effort.

Golden State Gun Blues

California Democratic Gov. Gavin Newsom rammed through egregious gun control laws last year. The outcry was so great he was forced to backpedal on some after facing legal challenges of his own. Still, California’s SB 1327 took effect Jan. 1 and allows private residents to file lawsuits against gun manufacturers if they violate the state’s so-called “assault weapons” ban or ban on firearm sales to anyone under 21 years old, according to Breitbart News. It’s being called a political stunt by Gov. Newsom who’s toying with a presidential run.

Dan Walters of Cal Matters highlights the counter-intuitiveness of the law. It’s all just political theater.

“The firearms that are specifically targeted by the legislation are already illegal under California law and the major arms makers that Newsom implies would be punished take great pains not to sell the prohibited products,” Walters wrote.

Walters hits center bullseye on SB 1327 saying, “Finally, a federal law… protects firearms manufacturers from liability suits.”

Groupthink Gun-Grabs

Since last New Year’s, over 16.4 million guns were sold at retail, including 1.7 million through December and the holidays, according to NSSF industry data. Even in states with strict gun control laws and anti-gun governors, they bought guns in historic numbers. States like New York, New Jersey and Delaware enacted flawed laws of their own that give residents the idea they can sue lawful gun manufacturers for the crimes committed by criminals.

New York expanded its “public nuisance” law to allow the state, local governments and the victims of crimes to file civil suits against gun makers and firearm distributors if firearms are criminally misused. NSSF sued New York Democratic Attorney General Letitia James to block the law’s expansion, which is now being used as the basis for lawsuits by the cities of Rochester and Buffalo, N.Y., against firearm manufacturers.

In New Jersey, Democratic Gov. Phil Murphy enacted several gun control laws and vowed to go further to “hold gun manufacturers accountable.” He created a state office with the sole purpose of suing gun manufacturers, the Statewide Affirmative Firearms Enforcement Office.

“We’re going to use it aggressively and we’re going to hold the [gun] industry accountable,” Democratic Attorney General Matt Platkin said. “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.”

The industry which produces legal products isn’t violating laws by providing for the exercise of the Second Amendment by law-abiding Americans.

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Delaware Democratic Gov. John Carney signed a package of six gun control bills, including a provision “holding gun makers and dealers liable for gun violence.”

A representative from Delaware Moms Demand Action stated, “The bottom line is that all of these bills… they’re all going to make us safer.”

Again, suing a lawful firearm business that provides a legal gun to a Delawarean who passed the FBI’s National Instant Criminal Background Check (NICS) does nothing to punish the criminal who’s illegally buying black market guns or illegally transporting a gun into Delaware. And it doesn’t make anyone safer.

Not to be outdone, California passed its own unconstitutional version patterned on the New York, New Jersey and Delaware statutes.

Federal Protections

These flawed laws won’t keep guns out of the hands of criminals but are aimed at harming the lawful firearm industry through endless and frivolous lawsuits. The federal Protection of Lawful Commerce in Arms Act (PLCAA) was enacted to stop just that. The PLCAA passed with wide bipartisan support in 2005 and was signed into law by President George W. Bush in response to a wave of lawsuits that were aimed at putting those companies out of business based on circumstances beyond their control.

Noted legal scholar and Professor Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University, described these public nuisance lawsuits as, “absurd.”

“Product liability and tort actions against manufacturers have uniformly and correctly been rejected by the courts,” Turley wrote. “Guns are lawful products, and holding companies liable for later misuse of such products is absurd.”

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It’s akin to suing Ford for a death due to a drunk driver crashing his F-150 truck.

Blue-state Democratic governors may continue attacking the firearm industry and pushing gun restrictions on law-abiding citizens while criminals will keep ignoring laws and committing crimes. The reality is the only thing these governors are doing is wasting taxpayer dollars on legal defenses for their unconstitutional laws.

 

Larry Keane is SVP for Government and Public Affairs, Assistant Secretary and General Counsel of the National Shooting Sports Foundation.

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70 COMMENTS

  1. Alinsky states that when losing, radicals must double down (wearing out the normals is the goal).

    Gun control laws must be defeated paragraph, by paragraph, in detail.

    If gun owners wanted to avoid the long march, stirring the hive wasn’t the way to avoid it.

    Tying up gun owners in courts, then re-doing the repealed laws is a type of victory for anti-gunners. We “boomers” are depending on the younger generations to carry the fight eternally.

      • “U.S. appeals court blocks ban on rapid-fire ‘bump stocks’ .”

        3-judge, or en banc? and the next step is? and when it gets to the SC, who will make the SC take the case? How often will the SC entertain gun control cases (it was 10yrs between Heller and Bruen)? Should the SC declare the bump stock ban unconstitutional, what will prevent the law from being passed again (NYS CCIA), ? Where will we go when Thomas is no longer available?

        In essence, the long march. Until the SC declares 2A absolute (and per Roe V. Wade, even after), we cannot avoid the long march.

    • Sam you are…RE: Gun control laws must be defeated paragraph, by paragraph, in detail.”

      Well sambo if you want to defeat Gun Control you have to define Gun Control by its history. Failure to do that first amounts to peeing on the wind.

  2. If the courts would do their jobs and throw out frivolous lawsuits then fine and imprison those who flout federal law, the system might actually work.

  3. Well it’s happening right now in ILLANNOY. One RINO + ALL the Dimscum© voted BS in the House. They did scale it back from all the felonies they wanted. Will it pass the ILL senate without further dilution? We’ll see. Then fat boy prickster will get slapped down by SCOTUS🙄

        • “Be a shame if that tactic left to unintended consequences.”

          Still takes five pro-2A votes; Thomas is 74. Six more years of Biden, and Thomas is 80. A subsequent Dim president will outlast Thomas.

          2A is on the bubble, going forward.

        • Sam in all honesty I don’t think they will have enough kids to groom into replacing their voter base even with replacement migration. I am betting on an Argentina style economic collapse before guns are seriously gone after.

  4. Hmmm……

    Thinking apocalyptically: say New York state continues to defy SCOTUS, who is going to stop them from do doing? The State Police report to the gubernator; they will follow orders and enforce laws that violate the US Constitution.

    Some county Sherriffs may refuse to ignore state infringements, but that is localized and does not impede the state from trampling the Constitutionally protected rights of its citizens.

    The Feds will not step in; the current administration is fully aligned with the anti-gun agenda.

    The citizenry of NY cannot vote the evil ones out of office because the evil ones count the votes.

    NY was only the example. I could be CA, WA, OR or any of the other terrorist regimes.

    So, how is the US Constitution enforced when there is no law enforcement agency willing to enforce it?

    The commie regimes in the commie-run states will continue to move toward abolishing civil rights. The USA is on the path toward dissolution.

    If you have a good argument as to why I am wrong. please, tell me. Really.

    • “If you have a good argument as to why I am wrong. please, tell me. Really.”

      I have a really good solution that makes you wrong; a world-beater. However, I keep it completely secret because the gov woud hunt me down if they knew the secret. Trust me, I do have a real solution. Really.

        • “You are the master of wry cynicism…”.

          Hope you got a chuck, if not a whole chuclke.

          I try to appear knowledgable, and erudite, most of the time. But then, well, sometimes I just gotta be me.

    • At some point the SCOTUS can say, enough. They can threaten a given pol with contempt of court and other charges. And they do not have to rely on the local cops to enforce it.

      US Marshals will enforce the order. No state or local cop is going to resist a Marshal doing his job. Desegregating the south is a good blue print for dealing with lawless and rogue pols.

      Once again civil rights are under threat and that threat has to be dealt with.

      Look what happened in ILL. They were given 30 days. Either put in a shall issue system or go constitutional carry. Guess which they chose?

      • “US Marshals will enforce the order.”

        Not enough marshals to execute enforcement action in every lawmaking entity in the country.

        Governmentla entities can endlessly serve up new unconstitutional laws as evidence of attempting to comply.

  5. @.40 cal Booger
    “this one has all 16 judges”.

    Good. Next step?

    There are four cases remanded to Californication federal courts. All of them sent back to trial level, rather than be dealt with at appelate levels.

    And the beat goes on.

  6. @Mas Cool Arrow
    “My oath has no expiration date. I am afraid that the time is getting close.”

    If the oath is based on military service, recommend you look at the battle space, lines of communication, logistics.

    Also take note that Waco, Ruby Ridge, Bundy I and II did not result in any boogie, Lou. What we saw was that “the militia” was not ready, the populace was not ready, those incidents were on par with the aggravations the founders would not tolerate.

    The US is in the final stage of empire, from which there is no return. “Hard times create strong men, strong men create good times, good times create weak men, and weak men create hard times.”

    • Bundy ranch was interesting and all but I don’t look forward to what actual resistance would look like especially in winter.

      • “Bundy ranch was interesting and all but I don’t look forward to what actual resistance would look like especially in winter.”

        The sun rises on the evil and the good, and rain falls on the righteous and the unrighteous, alike.

        In the end, the US will cease with a whimper, not a roar. (and in a foreign language)

  7. Poll Shows Gun Owners Want More Restrictions but Lack Trust in Government

    Poll Shows Gun Owners , Want More Restrictions, but Lack Trust in Government. NPR reports a new poll indicates the majority of gun owners in the United States favor some common-sense gun laws. The survey, conducted by NPR/Ipsos, shows gun owners aren’t against universal background checks… . … or raising the minimum age to buy a gun. But much of the gun-owning population is against bans on semiautomatic weapons, believing it could lead to restrictions on all firearms. This NPR/Ipsos survey of American gun owners shows that the majority of gun owners are supportive of moderate gun control measures… , Chris Jackson, senior vice president with Ipsos, via NPR. … like background checks or increased age requirements… , Chris Jackson, senior vice president with Ipsos, via NPR. … but harbor deep distrust of government suggesting the barriers that exist to more actions on guns. , Chris Jackson, senior vice president with Ipsos, via NPR. Nearly 80% of gun owners in the United States favor background checks for all gun sales. Almost two-thirds of American gun owners want minimum age limits for purchasing assault rifles. Still, only a quarter of gun owners trusts the government to enact responsible gun laws

    • Looking at the published results of the NPR/IPSOS poll, your analysis is fair enough I suppose. You do fail to mention other significant results. For example, the poll reports that a notable majority of gun-owners (56%) consider protecting gun rights more important than controlling gun violence. Another result states that 61% of gun owners think that new gun control laws will NOT stop mass shootings. Because most gun owners tend to be conservative (i.e., not Democrats), the breakdown of poll respondents is weighted towards Republicans and Independents. Regardless, the results in almost every category and question separate along party lines with independents typically deciding the lean. Even the most respected polls should be suspect though. Tortured numbers will confess to anything.
      (https://www.ipsos.com/sites/default/files/ct/news/documents/2022-07/Topline NPR Gun Owners Poll_6.24.22_FINAL_0.pdf)

    • dacian,the DUNDERHEAD. Again, with the “polls”? If I word a proposition the way I want to elicit the answer I want, I can get the results that will back up my position. But then we both know that don’t we?
      No, DUNDERHEAD, we don’t trust the government. The Government is supposed to protect the people’s rights. This Administration is NOT doing that. It is trying desperately to abridge our rights at every turn from censorship through guns and voting. You people don’t want free and fair elections. You have proven that time and again with your schemes to be able to more easily pad the voting results with the votes of dead people, illegal aliens, and of course those people who like to vote often in the same election of course?

  8. @SAFEupstateFML
    “Do it once and NY would fall in line. Ultimately our leaders are cowards.”

    Understand your thinking, but NY will most probably fight the arrests, with MSM rallying the base, if not the rest of the blue states.

    Second Cuircut Court of Appeals is very friendly to anti-2A laws.

    • Oh there would undoubtedly be all kinds of full press screeching but one solid deprivation of rights under color of law or similar at the higher levels from above the second would be a hell of a bloody nose to contend with. With that said I doubt such decisive action would be taken so constant grind it’s likely to be.

      • “…but one solid deprivation of rights under color of law or similar at the higher levels from above the second would be a hell of a bloody nose to contend with.”

        Heller, McDonald, Heller, Bruen were all bloody noses. Dims picked themselves up, and carried on as if nothing happened.

        • They didn’t lose time money or power only pride. Take away their ability to control anyone beyond a cell mate and they begin to notice. Pain and worse are about all they will recognize as adverse consequences.

    • Been way too long since I used Spanish let alone “learned” it and just attempting to articulate the likely future up here post collapse.

      • “…just attempting to articulate the likely future up here post collapse.”

        Societal collapse always sounds/reads better than it actually becomes.

      • Sam and Safe,

        The paradigm for governance has crossed a perverse Rubicon. The principles of a constitution have yielded to the deployment of power. Power has been seized and power is, now, government. And Power does not relinquish.

        It is over. Chaos is coming. We need to be prepared.

        Geez, I am in an apologetic mood. Armageddon Sic.

        • “The paradigm for governance has crossed a perverse Rubicon.”

          Yes, that whole “If you can keep it” thing keeps ringing in my ears.

        • There are still enough of us old-er “Raiders” that remember how to fight. Time deminishes the speed, metal replaces bones but muscle memory and the will to engage never leaves. I speak only for myself. I have had enough of this s**t and I am prepping, seriously prepping for that final battle. Ukraine’s are NOT the ‘good-guy’s’, china is salivating all over taiwan and beyond, venezuelan’s are pouring into Texas, Az ,New Mexico and California. The .gov crowd are freely shipping Terrorist all over the country and we are still acting like the dimocrats are the enemy. They are just the current puppets of a much larger enemy. If/when china starts a real ‘red dawn’ (no joke) we Americans will be in for the toughest fight we haven’t experianced on our own soil since 1776. I may be full of BS, This may sound ‘out there’ to many but I’m not a conspiracy kind of guy the reality is so clear to me as Lifesavor just said “Chaos is coming” I can feel it! and whether that’s from the democrap haters or the zippa-heads it’s gonna get ugly! I thought my fighting days were over, I did my bit, but I guess the universe has a way of laughing at my so called retirement plans! That’s why lately I have been asking you guy’s for your help. I need to spool up to current levels of the latest hardware and soldify a plan. I do better in a fight when I factor in as much data as I can ahead of time, or at least not starting from scratch when the SHTF! I dropped 60 lbs. in the last 4 months and have gotten off pain med’s completely, I hurt now but I am clear headed, I can take the pain. But I will not let these little bast**ds roll over me without a fight. talk is cheap, I know this but since I was a swaggering 18 yr old I was a shooter. I can’t afford a private membership @ a safer range so I just pray to GOD the A-hole next to me doesn’t shoot me in the head while taking selfies of himself with his finger on the trigger. I don’t want to go out that way. My grouping are really tight, I am satisfied with the hardware I have and am getting in the next couple of days. thanks to you guys I am trying to get stuff w/ cash, not letting big brother know what I do…. impossible probably, but I made my defenses myself, not contracting outsiders to come in and know my plans. I hope I am wrong, just not dead wrong. Stay safe everybody and good night.

      • “Still amazed how low silver has been kept the last decade.”

        Remember, just as with gold, you can’t eat silver, drive it, wear it, shelter under it, carry much of it around in the woods.

        And the silver market in a collapse is defunct; no rules. And it is a “seller’s market”.

        • “Silver keeps iron from rusting, Gold transmits juice. In the end turnips will be worth more then either.”

          That’s funny.

  9. @SAFEupstateFML
    “Everyone wants to be raider till it comes time to do raider shit.”

    LSF (long story follows)

    My only field combat experience was born of being qualified to be a member of the Ranger company in our Army ROTC battalion at university. Our detachment commander was a former Ranger, and the NCOIC/SgtMaj was long time member of the 101st Airborne. Becoming a member of our Ranger company was hard (for us soft, beer lovin’, braggarts), but learning, and properly executing raider missions was more than we imagined. We thought we would just have our rifles, blank ammo, and run around the woods making noise.

    In one night exercise, we were put up against an NG unit defending a fixed position. None of the NG troops were ranger trained. They took us out with relative ease, and none of us actually fired a shot, or planted pretend explosives. The de-brief lasted two hours longer than our attack.

    I was so impressed with our training, and motivation movies (we didn’t have “videos” in those days), that I decided I would rather fly than walk into ambushes. We had only a superficial look into a coupla raider tactics and exercises, but I just shake my headd in awe at real soldiers who become real rangers/raiders.

    • Raiders, What’s sneaking around in the weeds got to do with throwing a football.
      And aren’t the Rangers the guys that chase a round thing around on ice wacking it with sticks?

    • In this case I was referring to the raiders one sees post collapse (Katrina) or semi jokingly to the raiders from the fallout game series but in any of the cases the idea gets across that attacking armed people sucks and is best avoided even with a competent crew as attrition sucks even with modern convenience. Also rangers do some wild shit but all of the military currently suffers from a lack of functional knowledge of confronting organized resistance in depth let alone near peer. I would not be happy to be reactivated in case of emergency be it foreign or domestic unless training drastically moved away from sexual harassment/identify and more towards reacting to contact and counter artillery/drones lately

      • “I would not be happy to be reactivated in case of emergency be it foreign or domestic unless training drastically moved away from sexual harassment/identify and more towards reacting to contact and counter artillery/drones lately”

        You got that right !

    • dacian the DUNDERHEAD, seems that there are already “safe storage laws” on the books. The proper charge in cases such as these, is Reckless Endangerment. Your “safe storage laws” would be redundant and reactive after the fact. You see, we have this thing called the Constitution. In that Constitution there is this pesy 4th Amendment. You know the one that would PROHIBIT the police from inspecting gun owners’ homes to see if they were adhering to your “safe storage laws”.

      • to Walter the Beverly Hillbilly

        No it will not violate the 4th Amendment because it will be voluntary to submit to searches if you want to own a firearm. As one can see the Constitution has alway been not worth the paper it is printed on because the courts will always find a way around it or ignore it altogether as they have done in the past.

        Walter you flunked history classes assuming you ever had any.

        Remember when they had bans on interracial marriage (something filth like you cheered about). Public opinion changed that and will change bans on new gun laws as well, especially if they are commons sense gun laws that even a 5th grader could understand. Of course the demented and paranoid far right are too far gone mentally to be able to understand and accept even simplistic commons sense gun laws that keep deadly weapons out of the hands of children. You really have to be a sick person to oppose that.

        • Sounds like it violates both the 2nd as well as the 4th as there is no well defined need to submit to any search to exercise a civil right. Largely irrelevant as safe storage laws are unconstitutional to begin with.

        • dacian, have you lost your mind? Your proposal that the searches and inspections be voluntary now violate the 2nd Amendment. Remember it says, “shall not be infringed”? You want to make ownership of a firearm conditional which DUNDERHEAD is an INFRINGEMENT. If that is not an INFRINGEMENT, then the word infringement has no meaning.
          Your Leftist Courts have been trying to find ways around the 2nd Amendment but the Supreme Court struck all of that down with Bruen. You haw shown your true colors when you say the Constitution is meaningless. God help us from anti-gun radicals like your slimy posterior
          I flunked “history class”? ROFLMAO!
          You are right about one thing, your “common sense gun laws” are so “simplistic” that they make NO sense at all.

        • Can you believe this communist POS? If you want to exercise a right you must first surrender another right. Kind of like the covid shots being voluntary, but you cant work here if you dont get one. It it any wonder the country is in the dumpster, with thinking like this.
          The funny part will be when the communists do take over, the self styled intellectuals like alfred e newman here will be the first shot, if history is any indicator.

        • chum, dacian, the DUNDERHEAD has no idea of what the concept of freedom is all about. He in fact stated that the Constitution need not be followed as the lower courts will decide as the Left wants and totally disregard the Constitution and its amendments.
          Is he a Communist? Well, there is an adage, “If it walks like a duck, and quacks like a duck, it must be a duck”.

  10. The “blue states” will continue to adopt, and possibly even attempt to enforce, blatantly unconstitutional laws in violation of the 2A. And fight each one through the courts. It is a delay tactic, until they can “pack the court”, and get the “right” ruling (i.e., the one the fascist Left wants).

    And in other news, water is wet, the sun rises in the east, and dacian is an idiot.

    • The interesting thing is the harder NY and others steps on the constitution the more widespread rights become for everyone else and the easier our court battles become so don’t be afraid to go after nuisance gun laws in your home states unless you can already pick up your silencer and auto sear from the same vending machine.

  11. Guardian you’ve gotten a late start. You need dies, a press, powders, lead, molds, primers, brass, and jacketed hollow points

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