Third Circuit allows NSSF lawsuit against New Jersey gun law

The U.S. Court of Appeals for the Third Circuit has ruled that the National Shooting Sports Foundation (NSSF) has the standing to proceed with its lawsuit against New Jersey’s firearm industry liability law, A1765.

The 2022 law allows the state to sue gun stores and manufacturers. The NSSF argues the law violates the federal Protection of Lawful Commerce in Arms Act by attempting to hold manufacturers liable for the criminal misuse of their products by third parties.

Previously, the lawsuit was dismissed because it was filed before the state had enforced the law against specific industry members. However, after New Jersey initiated legal actions against several companies, including GLOCK, Inc., the NSSF moved to reopen the case. The three-judge panel unanimously rejected New Jersey’s argument that the NSSF lacked standing, noting that the state’s proposed enforcement rules could create a “Catch-22” for the trade group.