NSSF Wins Injunction Against Unconstitutional California AB 1594
In NSSF v. Bonta, U.S. District Court Judge Andrew Schopler has granted a Preliminary Injunction prohibiting the enforcement of California’s AB 1594 law that exposes firearm industry members to lawsuits in California for activities outside the state of California. The ruling by Federal Judge Schopler enjoined the enforcement of California AB 1594, the so-called “Firearm Industry Responsibility Act”. In 2023 the NSSF sued to challenge the law and moved for an injunction. In granting the injunction, Judge Schopler found that AB 1594 is likely unconstitutional because it violates the Commerce Clause of the U.S. Constitution and the Protection of Lawful Commerce in Arms Act.
“We are thankful the court enjoined the state from suing members of the firearm industry under this unconstitutional law that attempts to use the real threat of liability on commerce beyond California’s borders and impose its policy choices on its sister states”, stated NSSF Senior VP and General Counsel Lawrence G. Keane. CLICK HERE for more details of NSSF v. Bonta legal case.
NSSF Opposes Unconstitutional California Firearm Industry Liability Law
NSSF argued that California’s firearm industry liability law is preempted by the Federal Protection of Lawful Commerce in Arms Act (PLCAA) which was passed with bipartisan support in Congress and subsequently signed into law by President George W. Bush in 2005. The PLCAA was specifically enacted to stamp out frivolous lawsuits sought by activist politicians, gun control lawyers and greedy trial lawyers seeking to bankrupt the lawful firearm industry by blaming them and their lawfully-sold and non-defective products for the violence and harm caused by criminals who misuse firearms to commit their crimes.
“It’s no surprise California’s rabidly antigun General Assembly would pass and Governor Gavin Newsom would sign into law a blatantly unconstitutional attack on the lawful firearm industry instead of looking in the mirror to see how their own policies are leading to historic levels of criminal violence and endangering law-abiding and innocent Californians every day,” said NSSF Senior Vice President and General Counsel Lawrence G. Keane. “NSSF will not stand by and allow the Second Amendment rights of law-abiding Americans … to be trampled upon while criminals committing acts of violence are handled with kid gloves by soft-on-crime prosecutors. California’s industry liability law is in blatant defiance of the U.S. Supreme Court’s decision in Bruen and is preempted by the PLCAA.”
Among other provisions, California AB 1594 bans the manufacture, sale and marketing of firearms the state deems “abnormally dangerous”. It allows civil lawsuits against a firearm industry member to be filed by the Attorney General, any municipality and any person who claims to have suffered harm from the misuse of a legal, lawfully sold firearm by a remote third party. The law unconstitutionally invades the sovereignty of sister States by directly regulating lawful commerce occurring entirely outside the state of California in violation of the Commerce Clause and the United States’ system of federalism. The law also violates the Protection of Lawful Commerce in Arms Act (PLCAA) enacted by Congress in 2005 to stop just these sorts of frivolous lawsuits against members of the industry.
The NSSF argues that AB 1594 also directely linfringes on the Second Amendment and chills First Amendment rights by restricting protected free-speech advertising of Constitutionally-protected products that are lawfully made and sold — even when that advertising takes place outside of California’s borders.
