XPost: talk.politics.guns, nj.politics
On 02 Feb 2023, "max headroom" <
maximusheadroom@gmx.com> posted some news:trhv0r$18ilh$
1@dont-email.me:
Federal Judge Blocks New Jersey Law That Allows State To Sue Gun Manufacturers
Bronson Winslow
A federal judge ruled Tuesday to block a New Jersey law that allows
the state's attorney general to take legal action against gun
manufacturers.
U.S. District Judge Zahid Nisar Quraishi, an appointee of President
Joe Biden, granted a preliminary injunction against New Jersey's
"public nuisance" law Tuesday, saying is in "direct conflict" with the Protection of Lawful Commerce in Arms Act (PLCAA), according to the
opinion in the United States District Court of New Jersey Trenton
Vicinage. The "public nuisance" law allows the attorney general to
seek legal action against gun manufacturers if it is deemed that they endangered public safety through sales or marketing practices.
The PLCAA, enacted in 2005, protects gun manufacturers and dealers
from being held liable when crimes have been committed with their
products. The opinion was delivered in the NSSF v Platkin case and
follows a Monday ruling by U.S. District Judge Rene� Marie Bumb, who
placed a second temporary restraining order on portions of New
Jersey's concealed carry law.
"We think this is important because other states are currently
considering public nuisance statues modeled on what New Jersey, New
York, Delaware and California have done," Lawrence Keane, a senior
vice president for government and public affairs at the National
Shooting Sports Foundation (NSSF) and plaintiff in the case, told
Politico.
"We will be filing a lawsuit in the coming months in California to
challenge the California statute. Today's decision will be impactful
in giving other state legislatures pause before they enact an unconstitutional law," he continued.
LEGAL ALERT: A federal judge has issued a preliminary injunction
against New
Jersey's gun industry liability law, saying it "is in direct conflict
with the PLCAA's purpose." https://t.co/4mbDkMzpPg
pic.twitter.com/tAYXJAZDlG
- FPC Action Foundation (@FPCAction) January 31, 2023
Democratic New Jersey Gov. Phil Murphy was "disappointed" by
Quraishi's opinion, but is "confident that this decision will be
swiftly reversed on appeal," a spokesperson told Politico.
"The district court's decision enjoining New Jersey's public nuisance
law is unprecedented and unsupportable," New Jersey Attorney General
Matthew Platkin told the Daily Caller News Foundation. "The New Jersey Legislature acted lawfully when it adopted public nuisance legislation
to hold the gun industry accountable, and nothing in federal law
allows firearms manufacturers to violate our state statutes with
impunity."
https://dailycaller.com/2023/02/01/federal-judge-blocks-new-jersey-law- that-allows-state-to-sue-gun-manufacturers/
Platkin failed to do his homework.
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