Court hears arguments over NJ push against gun manufacturers

'Public nuisance' statute would allow state attorney to hold gun manufacturers accountable for gun violence

Raven Santana, Correspondent | June 8, 2023 | Law & Public Safety, More Issues

Oral arguments took place Wednesday at the U.S. Court of Appeals for the Federal Circuit in a lawsuit brought by a national firearm trade group against the state of New Jersey. The lawsuit calls into question the constitutionality of a state “public nuisance” statute signed by Gov. Phil Murphy in 2022 that allows the state attorney to sue gun manufacturers and hold them accountable for acts of gun violence.

Other states have similar laws. While gun rights advocates say that government officials should go after “criminals,” not gun sellers, anti-gun violence activists say the New Jersey statute protects residents amid surging gun violence.

Lawrence Keane, senior vice president for government and public affairs at the National Shooting Sports Foundation, said, “It means that New Jersey should stop trying to blame law-abiding manufacturers, distributors and retailers for the actions of criminals…”

“New Jersey passed a law that it intended to help keep its citizens safe, to hold the industry accountable for its role in gun violence. And this challenge in court should not stand in the way of that intent,” said Nicholas Suplina, senior vice president for Law and Policy at Everytown for Gun Safety.

A quick decision is not expected in this case.

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