A federal court in the state of Washington dismissed a legal attempt by an organization that supports gun rights to stop a new rule that exposes gun makers to lawsuits for crimes committed using their goods. The National Shooting Sports Foundation (NSSF) filed a lawsuit against Washington state attorney general Bob Ferguson on March 8, but U.S. District Court Judge Mary Dimke rejected it on March 8. The action tried to stop Senate Bill 5078 from becoming law.
With the passage of the Firearm business Responsibility & Gun Violence Victims’ Access to Justice Act, the firearm business in Washington will be subject to state-level legal responsibility, opening the door to lawsuits on behalf of those murdered or maimed by the goods produced by the sector.
Additionally, if gun makers, dealers, and distributors do not set up, carry out, and uphold "reasonable controls" in the production, marketing, and distribution of weapons, they risk legal repercussions.
On April 25, 2023, Washington Gov. Jay Inslee signed SB 5078, and the NSSF filed a lawsuit that same day.
The National Rifle Association's Institute for Legislative Action (NRA-ILA) opposed the plan, claiming it would eliminate thousands of jobs in the state and expose licensed weapon makers and retailers to pointless litigation.
In its legal action against Mr. Ferguson, the NSSF contested the validity of SB 5078, claiming that it subjected gun manufacturers and distributors to litigation that amounted to “unconstitutional efforts to stamp out lawful and constitutionally protected activity.”
Additionally, the organization said that the bill would permit circumvention of the federal Protection of Lawful Commerce in Arms Act (PLCAA), which shields gun manufacturers and dealers from civil lawsuits resulting from crimes committed using their products.
The organization complained, saying, "Washington is now trying to resurrect the very kinds of lawsuits that the PLCAA was enacted to eliminate." Congress urged states to enact state-level legislation that creates PLCAA exceptions, such as SB 5078, in order to restrict weapon sales and marketing tactics.
In its complaint, the NSSF asked for an injunction to stop SB 5078's enforcement as well as a finding that would deem it illegal.
The organization "failed to bring a live case or controversy" before the court, the judge said in her decision, disagreeing and dismissing the case without prejudice, allowing the matter to be heard again.
In a statement, Mr. Ferguson, who is thinking about declaring his candidacy for governor of Washington state, praised the ruling and said that the new rule places "real accountability" on the gun business.
In the statement, Mr. Ferguson stated, "My legal team remains undefeated against the gun lobby in court."
"By making sure that gun industry members face real accountability when their reckless conduct harms our communities, this law protects Washingtonians from gun violence," he said. When asked about their thoughts on the judge's ruling, NSSF remained silent.
Similar laws to SB 5078 have been passed by four other states: Delaware, New York, New Jersey, and California. The New York statute has previously withstood a legal challenge in federal court.
The lawsuit is still unresolved since the NSSF, which contested the New York statute, has appealed that ruling. The Democratic former governor of New York, Andrew Cuomo, signed the legislation into law in July 2021. It permits gun manufacturers to face legal action if their weapons "knowingly or recklessly create, maintain, or contribute" to a hazardous situation in the state.
With the passage of the Firearm business Responsibility & Gun Violence Victims’ Access to Justice Act, the firearm business in Washington will be subject to state-level legal responsibility, opening the door to lawsuits on behalf of those murdered or maimed by the goods produced by the sector.
Additionally, if gun makers, dealers, and distributors do not set up, carry out, and uphold "reasonable controls" in the production, marketing, and distribution of weapons, they risk legal repercussions.
On April 25, 2023, Washington Gov. Jay Inslee signed SB 5078, and the NSSF filed a lawsuit that same day.
The National Rifle Association's Institute for Legislative Action (NRA-ILA) opposed the plan, claiming it would eliminate thousands of jobs in the state and expose licensed weapon makers and retailers to pointless litigation.
In its legal action against Mr. Ferguson, the NSSF contested the validity of SB 5078, claiming that it subjected gun manufacturers and distributors to litigation that amounted to “unconstitutional efforts to stamp out lawful and constitutionally protected activity.”
Additionally, the organization said that the bill would permit circumvention of the federal Protection of Lawful Commerce in Arms Act (PLCAA), which shields gun manufacturers and dealers from civil lawsuits resulting from crimes committed using their products.
The organization complained, saying, "Washington is now trying to resurrect the very kinds of lawsuits that the PLCAA was enacted to eliminate." Congress urged states to enact state-level legislation that creates PLCAA exceptions, such as SB 5078, in order to restrict weapon sales and marketing tactics.
In its complaint, the NSSF asked for an injunction to stop SB 5078's enforcement as well as a finding that would deem it illegal.
The organization "failed to bring a live case or controversy" before the court, the judge said in her decision, disagreeing and dismissing the case without prejudice, allowing the matter to be heard again.
In a statement, Mr. Ferguson, who is thinking about declaring his candidacy for governor of Washington state, praised the ruling and said that the new rule places "real accountability" on the gun business.
In the statement, Mr. Ferguson stated, "My legal team remains undefeated against the gun lobby in court."
"By making sure that gun industry members face real accountability when their reckless conduct harms our communities, this law protects Washingtonians from gun violence," he said. When asked about their thoughts on the judge's ruling, NSSF remained silent.
Similar laws to SB 5078 have been passed by four other states: Delaware, New York, New Jersey, and California. The New York statute has previously withstood a legal challenge in federal court.
The lawsuit is still unresolved since the NSSF, which contested the New York statute, has appealed that ruling. The Democratic former governor of New York, Andrew Cuomo, signed the legislation into law in July 2021. It permits gun manufacturers to face legal action if their weapons "knowingly or recklessly create, maintain, or contribute" to a hazardous situation in the state.
