States that vehemently oppose the Second Amendment are getting crafty in the ways they try to legislate the firearms industry out of business. Due to the pesky Constitution, anti-gun lawmakers are forced to sugarcoat their schemes in hopes they will stand judicial scrutiny, but the end goal is always the same.
They simply want to strip your gun rights away from you.
Hawaii is attempting to work around the Protection of Lawful Commerce in Arms Act (PLCAA) by claiming that weapons and even their marketing are a unique public nuisance. This assertion is now used to instigate a deluge of trivial and meaningless lawsuits in hopes of crippling the gun industry.
Under the Hawaii law, anyone may claim to be affected in some way by “gun violence” and bring legal action against manufacturers and distributors.
This is clearly a frivolous attempt to cripple the weapons industry, and the National Shooting Sports Foundation (NSSF) has stepped up and challenged the scheme in court. The gun rights organization is working to stop the flood of lawsuits by third parties aimed at destroying a constitutionally protected business.
Lawrence G. Keane, NSSF’s Senior Vice President and General Counsel, charged that the state is blatantly attempting to subvert the will of Congress.
“Public nuisance laws like Hawaii’s are nothing short of an attempt to drive ‘legislation through litigation,’ which is exactly why Congress passed PLCAA in the first place. These laws are unconstitutional and an abuse of the legal system to force a political agenda outside the legislative channels.”
And there is the crux of the issue. The Second Amendment guarantees gun rights and Congress is nowhere close to abridging this freedom. Therefore, states that oppose these liberties are left to concoct nefarious ways to circumvent both, and Hawaii’s is just the latest attempt.
It deserves and should receive an overwhelming defeat in court.