NSSF Wins Injunction Against Unconstitutional California AB 1594

In NSSF v. Bonta U.S. District Court judge Andrew Schopler granted a preliminary injunction to prevent the enforcement of California AB 1594, which exposes members of the firearm industry to lawsuits for activities that occur outside of California. The Federal Judge Schopler’s ruling enjoined California AB 1594 – the so-called “Firearm Industry Responsibility Act”. In 2023, the NSSF filed a lawsuit to challenge the law. They also requested an injunction. Judge Schopler granted the injunction after finding that AB 1594 was likely unconstitutional as it violated the Commerce Clause of U.S. Constitution, and the Protection of Lawful Commerce in Arms Act. “We are grateful that the court enjoined California from suing firearm industry members under this unconstitutional statute, which attempts to use real liability on commerce outside California’s border and impose California’s policy choices on its neighbor states”, stated NSSF Senior VP & General Counsel Lawrence G. Keane. CLICK HERE to learn more about the NSSF v. Bonta case. NSSF Opposes California Firearm Industry Liability LawNSSF argued California’s firearm liability law was preempted under the Federal Protection of Lawful Commerce in Arms Act, which was passed by Congress with bipartisan support and signed into law by George W. Bush in 2006. The PLCAA was enacted specifically to stop frivolous lawsuits filed by gun control lawyers, activist politicians and greedy trial attorneys who wanted to bankrupt the legal firearm industry. They blamed them and their non-defective and lawfully-sold products for the violence and damage caused by criminals using firearms in their crimes. Lawrence G. Keane, NSSF Senior Vice-President and General Counsel, said that it was no surprise that California’s rabidly progun General Assembly would pass a law and that Governor Gavin Newsom sign it into law. Instead of looking inward to see how the policies they have adopted are causing unprecedented levels of criminal violence as well as endangering innocent Californians and law-abiding citizens every day. “NSSF will never stand by while the Second Amendment rights for law-abiding Americans are trampled on by soft-on crime prosecutors. California’s industry-liability law is in blatant violation of the U.S. Supreme Court decision in Bruen, and is preempted under the PLCAA.” Amongst other provisions, California AB1594 bans the manufacturing, sale, and marketing of firearms that the state deems as “abnormally hazardous”. The Attorney General, any municipality, and any individual who claims to have been injured by the misuse of a lawfully purchased firearm by a distant third party can file civil lawsuits. The law violates the Commerce Clause of the United States and its federalism system by violating the sovereignty of sister states. The law also violates Congress’ Protection of Lawful Commerce in Arms Act, which was enacted in 2005 to stop frivolous lawsuits brought against members of the arms industry. The NSSF argues that AB 1594 also directely linfringes on the Second Amendment and chills First Amendment rights by restricting protected free-speech advertising of Constitutionally-protected products that are lawfully made and sold — even when that advertising takes place outside of California’s borders.