Third Circuit Revives NSSF Challenge to New Jersey Gun Liability Statute
The U.S. Court of Appeals for the Third Circuit granted the National Shooting Sports Foundation permission to proceed with its lawsuit against New Jersey’s gun industry liability law.
On Tuesday, the U.S. Court of Appeals for the Third Circuit issued an order permitting the National Shooting Sports Foundation (NSSF) to continue its challenge to New Jersey’s gun industry liability statute, A1765. The foundation contends the state law infringes on the federal Protection of Lawful Commerce in Arms Act of 2005. Although a district court dismissed the February 2025 filing for premature standing, the situation changed after New Jersey Attorney General Matthew Platkin filed suits against several manufacturers, including Glock, alleging they enable criminal misuse of firearms.
The appellate panel concluded that the NSSF’s members could be affected by the state law and that their constitutional interests merit judicial review. Consequently, the lawsuit was revived, allowing the NSSF to argue that the state’s enforcement attempts would improperly hold lawful sellers liable for third-party crimes.
Why it matters
The decision could shape how states regulate firearms and test the limits of federal protection for gun manufacturers.
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