NSSF challenges CA law promoting lawsuits vs. Gun Makers

May 26th 2023The National Shooting Sports Foundation is challenging California’s firearm liability law, AB 1504, which was passed in 2022 and signed by Gov. Gavin Newsom. The law, which takes effect on July 23, 20,23, encourages civil lawsuits against the firearm industry to punish criminals who use guns for illegal purposes. This law is a direct affront to U.S. Constitution, and an attempt to circumvent Congress’ will when it passed the Protection of Lawful Commerce in Arms Act. The litigation, NSSF v. Bonta was filed in U.S. District Court for Southern District of California. The NSSF is now seeking a preliminary order to stop enforcement of the unconstitutional laws as AB 1594 challenges progress through the courts. “California General Assembly and Governor Newsom created a spectacle by defying U.S. Supreme Court Bruen’s decision when this bill passed and was enacted,” stated Lawrence G. Keane Senior Vice President and General Attorney of the NSSF. “This law is openly anti-firearms industry and defiant of Congress, the U.S. Supreme Court, and the Constitution. Governor Newsom [seeks] California’s radical agenda on gun control across the United States. NSSF will defend our Constitutionally-protected industry against the broadsides of this extremist agenda. “NSSF’s Challenge explains that AB1594, misleadingly titled “Firearm Industry Responsibility Act,” was a law drafted before the Bruen Decision and signed only weeks after the Supreme Court released the landmark ruling. Instead of re-examining legislation to ensure that it complied Supreme Court precedent, Governor Newsom signed the bill. Newsom signed the law, despite the ruling. The law prohibits the sale, marketing and manufacture of firearms that the state deems to be “abnormally hazardous” regardless of whether they are owned by the general public. It also encourages civil suits by a person in California who has suffered harm, the Attorney General or city or county attorney against a member of the firearm industry for the harm caused by criminal misuse of a gun by a distant third party. PLCAA expressly prohibits this. The law violates our federalism and the Commerce Clause by directly regulating legal commerce that occurs outside of California. The NSSF argues that AB 1594 not only infringes on Second Amendment rights but chills First Amendment rights by restricting advertising of Constitutionally-protected products that are lawfully made and sold — even when that advertising takes place outside of California’s borders.California’s AB 1594 is clearly unconstitutional on several fronts.Tags: AB1594, Gavin Newsom, Gun Control, Litigation, NSSF, Unconstitutional law

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