A federal judge blocked enforcement of California’s law Wednesday permitting lawsuits against firearms manufacturers that sell “abnormally dangerous” guns.
The National Shooting Sports Foundation (NSSF), a firearms trade association, sued in May 2023, arguing the law violated the Second Amendment and defied the Supreme Court’s landmark New York State Rifle & Pistol Association v. Bruen ruling. District Court Judge Andrew Schopler, a Biden appointee, issued a preliminary injunction Wednesday blocking Democratic California Attorney General Rob Bonta from enforcing the law while the lawsuit proceeds.
“Because the ‘abnormally dangerous’ firearm rule reaches beyond California’s borders and directly regulates out-of-state commercial transactions, it likely runs afoul of the dormant Commerce Clause,” Schopler wrote.
Other states, such as New Jersey and Delaware, also have passed laws permitting lawsuits against gun manufacturers.
LEGAL ALERT: A Biden-appointed federal judge has issued a preliminary injunction against California’s restrictions on “abnormally dangerous” firearm-related products, saying they likely violate the dormant Commerce Clause. https://t.co/XaIaEO9nfa pic.twitter.com/q10Q9bDRue
— Firearms Policy Coalition (@gunpolicy) February 22, 2024
Democratic California Gov. Gavin Newsom signed “California’s Firearm Industry Responsibility Act” into law in July 2022, shortly after the Supreme Court issued its Bruen ruling, which affirmed that gun laws must be evaluated in light of the Nation’s “historical tradition” of regulating firearms.
“Bruen should have led states to reconsider their laws to make them more protective of rights the Supreme Court had just reaffirmed as fundamental,” the NSSF’s lawsuit stated. “Unfortunately, it has prompted the opposite reaction in several of the states that have consistently proven least protective of Second Amendment rights.”
California’s law allowed state and local governments, along with individuals, to sue gun manufacturers.
“Nearly every industry is held liable when people are hurt or killed by their products – guns should be no different,” Newsom said in a statement after signing the law.
Bonta did not immediately respond to a request for comment.
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