A U.S. District Judge has granted an injunction prohibiting the enforcement of California’s law that exposes firearms manufacturers and retailers to lawsuits in the state for lawful commerce in firearms that takes place entirely outside the state of California when those legally made and sold products are misused by criminals and others.
The ruling by Judge Schopler in the U.S. District Court of the Southern District of California enjoined the enforcement of California AB 1594, the so-called “Firearm Industry Responsibility Act.” NSSF sued to challenge the law in June 2023 and moved for an injunction. In granting the injunction, Judge Schopler found the law is likely unconstitutional because it violates the Commerce Clause.
“We are thankful the court enjoined the state from suing members of the firearm industry under this unconstitutional law that attempts to use the real threat of liability on commerce beyond California’s borders and impose its policy choices on its sister states,” stated NSSF Senior Vice President and General Counsel Lawrence G. Keane.
Among other provisions, California AB 1594 bans the manufacture, sale and marketing of firearms the state deems “abnormally dangerous.” It allows civil lawsuits against a firearm industry member to be filed by the Attorney General, any municipality and any person who claims to have suffered harm from the misuse of a legal, lawfully sold firearm by a remote third party. The law unconstitutionally invades the sovereignty of sister states by directly regulating lawful commerce occurring entirely outside the state of California in violation of the Commerce Clause and the United States’ system of federalism. The law also violates the Protection of Lawful Commerce in Arms Act (PLCAA) enacted by Congress in 2005 to stop just these sorts of frivolous lawsuits against members of the industry.
“We are reviewing the balance of the court’s decision and whether we will file an amended complaint to provide the court more details on how California’s unconstitutional law and its threat of crushing liability is causing real and ongoing harm to members of our industry,” Keane said.
NSSF also claims in its lawsuit that the law also infringes 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.
Waiting for the 9th to hear this en banc and make up some excuses about why it’s a valid law.
Yep, the 9th en banc will come up with something to say its a valid law, maybe send it back down, anything to delay it being finally ruled unconstitutional for as long as possible hoping the make up of SCOTUS changes in their anti-gun favor.
the gun industry in california
should sue the state of california
for millions and millions
win
get paid
and then use that money
to move to a red state
just like all the other blue state gun industry is doing
Discrimination happens when the public sees Gun Control as good and the Second Amendment as evil. Credit for that goes to zipped lipped Gun talking blowbags who bark at Defining Gun Control by its long Racist History. And what kind of people would sit around and remain silent about the Race Based Atrocities inherent with Gun Control? Could the answer be…bigots?
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