Very few laws get under the skin of anti-gunners more than the Protection of Lawful Commerce in Arms Act (PLCAA). This two-decade-old legislation was enacted to shield the weapons industry from egregious and frivolous lawsuits intended to bankrupt Second Amendment-related companies.
As one state attempted to circumvent the federal statute, the National Shooting Sports Foundation (NSSF) reacted.
Once rebuffed from fighting the controversial New Jersey law, the NSSF stubbornly continues to protect Second Amendment rights. The organization filed an amended complaint against the Garden State’s ill-conceived litigation against GLOCK, Inc.
State attorneys are trying to blame the company for bad actors who obtained illegal switches and installed them to alter the handguns’ functions.
NSSF previously attempted to fight the law, but the Third Circuit Court of Appeals ruled that the gun rights organization lacked the standing to take legal action. This was based on the Attorney General’s office’s assertion that officials would not sue gun manufacturers or attempt to attach liability to their constitutionally protected businesses.
That, of course, turned out to be false.
Attorney General Matthew J. Platkin (D) quickly reversed course and now seeks to punish weapons makers for illegal third-party actions.
With this predictable change of heart, NSSF filed an amended complaint against the state’s attempt to flout PLCAA protections of the firearms industry. Senior Vice President and General Counsel Lawrence G. Kean explained why the NSSF jumped back into the case.
“As feared, Attorney General Platkin has weaponized the judicial system against firearm manufacturers who have done nothing but engage in lawful commerce and have not violated any federal or state statutes,” the gun rights advocate declared. “New Jersey is seeking to blame GLOCK and other industry members for the actions of criminals.”
Keane added, “Attorney General Platkin’s lawsuit is the very definition of ‘lawfare’ and should be rejected by the court. The statute should be struck down as unconstitutional.”
New Jersey’s actions against GLOCK are only the latest example of the exact reason the bipartisan push to protect the gun industry was undertaken in 2005.
That effort, which came under former President George W. Bush (R), followed repeated attempts by anti-Second Amendment lawmakers to sue the industry out of existence.
One egregious example was spawned by Chicago and former Mayor Richard Daley (D). In 1998 the city sued 22 gun manufacturers under the so-called “public nuisance” theory.
The goal of the action against the industry was to cripple and ultimately shutter gunmakers under a deluge of legal fees, fines, and penalties.
Six years later, the Illinois Supreme Court finally stopped the madness. Justices determined that “proximate cause cannot be established” to link the weapons industry with “criminal acts by third parties not under defendants’ control.”
But the damage was done. Manufacturers exhausted an incredible amount of resources defending against this frivolous legal action. The National Rifle Association (NRA) declared that “these cases aren’t designed to win…It’s a sinister abuse of the legal system aimed at bankrupting a lawful industry.”
With the power to tax, state and local governments have a virtual unlimited war chest to destroy any legitimate business, even one protected by the Constitution.
This obvious danger led to the 2005 PLCAA, which firmly established that these perfectly legal enterprises may not be held liable for third-party abuses of their products. This should have ended the legal attempts to drive the industry into the ground, but anti-gunners persisted.
New Jersey’s is just the latest attempt to twist the law into a weapon to destroy firearm manufacturers, and the NSSF is to be applauded for its persistence in protecting the constitutional rights of law-abiding citizens.
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