The National Rifle Association—joined by the Second Amendment Foundation, American Suppressor Association, and Independence Institute—has filed an amicus brief urging the U.S. Supreme Court to grant review in National Shooting Sports Foundation, Inc. v. James.
The case challenges a New York statute that creates a public-nuisance-based cause of action against firearms manufacturers and sellers for the criminal misuse of their products by third parties. Although the federal Protection of Lawful Commerce in Arms Act (PLCAA) generally bars such claims, the Second Circuit Court of Appeals upheld the law, concluding that it qualifies as a predicate statute under PLCAA and, therefore, that claims brought under it may proceed under the statute’s exception for certain state-law violations.
Our brief argues that the Second Circuit’s decision undermines Congress’s judgment in enacting PLCAA by allowing precisely the type of coordinated, abusive litigation the statute was enacted to address and prevent. It explains how New York’s law effectively targets lawful commerce in firearms, mirrors historical efforts to suppress arms commerce, and threatens both the industry and the constitutional rights it protects. The brief emphasizes that the case warrants immediate review, warning that allowing such lawsuits to proceed would invite a wave of similar state actions that could nullify federal protections nationwide.
Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights, and please visit www.nraila.org/litigation to keep up to date on NRA-ILA’s ongoing litigation efforts.
More Like This From Around The NRA
