On Tuesday the U.S. Court of Appeals for the Third Circuit ruled that the National Shooting Sports Foundation’s (NSSF) lawsuit against New Jersey’s gun industry liability law can continue.
The law is A1765, which NSSF contends is in violation of the Protection of Lawful Commerce in Arms Act (2005).
The lawsuit, NSSF v. Platkin, was initially filed in February 2025 but dismissed on the grounds that NSSF lacked standing because the lawsuit was filed prematurely – filed before the law was enforced against any industry member companies. However, after the dismissal, New Jersey’s then-AG Matthew Platkin brought lawsuits against a number of industry members, including GLOCK, Inc.
NSSF noted that Platkin “[alleged that Glock] is responsible for the criminal misuse of firearms when criminals modify and alter well-designed and lawfully-sold GLOCK pistols by illegally obtaining, possessing and installing a ‘switch’ into the handgun.” NSSF responded by filing a motion to reopen their lawsuit against the New Jersey gun control.
New Jersey contended that NSSF still lacks the standing necessary to bring the lawsuit, but the Third Circuit noted, “NSSF’s members’ intended actions are arguably precluded by A1765 and affected with constitutional interests. NSSF argues A1765 enforcement actions against its members for otherwise lawful commerce would be an attempt to ‘hold [its members] liable for the acts of third parties who use their legal products to commit heinous crimes.’”
The Third Circuit ruled to grant NSSF’s motion, allowing the lawsuit to move forward.
NSSF general counsel Lawrence Keane observed, “The challenge to this law has been tortured and the previous frustrations to demonstrate that this state law attempts to circumvent federal law can now move forward. We are confident that New Jersey’s naked attempt to undermine the will of Congress and bankrupt firearm manufacturers and sellers through frivolous lawsuits will not stand legal review.”
Hellbound and Down 