April 14, 2023

Democratic AGs File Amicus Brief Supporting New Jersey Firearms Statute

Lori Kalani, Bernard Nash

Cozen O'Connor

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Cozen O'Connor

Eighteen Democratic AGs submitted an amicus brief to the U.S. Court of Appeals for the Third Circuit asking the court to uphold a New Jersey gun nuisance law which grants the New Jersey AG authority to bring suit against gun industry members for unlawful conduct that results in harm to the public.
The district court issued a preliminary injunction preventing New Jersey from enforcing the statute, determining that the plaintiff trade association would likely succeed on the merits of its claim that the law was preempted by federal law. In the brief, the AGs maintain that the statute is within the states’ sovereign authority to protect their residents and does not violate the Dormant Commerce Clause because it relates to a matter of pressing local concern. They also argue that the law benefits the public by encouraging responsible business practices.
The AG coalition asks the appellate court to reverse the district court’s preliminary injunction. This effort parallels another initiative led by Democratic AGs earlier this year, in which they urged the Second Circuit to uphold a similar New York law. As we previously reported, this statute established a public nuisance cause of action and allowed private citizens to bring lawsuits against the gun industry.

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