A federal judge on Wednesday blocked enforcement of a California law that allows government officials and individuals to sue manufacturers and sellers of “abnormally dangerous” firearms.
Gun industry officials said the ruling was a victory in a growing national (and international) debate over who can be held responsible for gun-related deaths. In recent years, liberal states like California, which face strong obstacles to other gun control measures in federal courts, have sought new ways to combat mass shootings and other deadly gun violence.
U.S. District Judge Andrew G. Schopler concluded that the “abnormally dangerous” provisions of the state’s Firearms Industry Accountability Act, which Gov. Gavin Newsom signed into law in July 2022, likely violated constitutional law on the interstate commerce. He granted a preliminary injunction barring the state from enforcing those provisions while litigation continues, as requested by the industry group that sued the state.
The law had defined “abnormally dangerous” weapons as those that have special characteristics that make them more suitable for “assault purposes” than for recreation or self-defense. The law also targeted weapons designed or marketed in a manner that is “expectedly” to promote illegal conversion to a fully automatic weapon, along with other products marketed to minors or other persons prohibited from legally possessing firearms.
Schopler, appointed by President Biden, denied the National Shooting Sports Foundation's request to block other provisions of the law that require manufacturers and sellers to implement “reasonable controls” around gun safety and avoid trade practices. disloyal Those parts of the law were left intact and remain applicable.
The NSSF filed its lawsuit before any of its members were sued under the law.
Daniel Villaseñor, a spokesman for Newsom, said the governor was reviewing the decision and considering potential “next steps” with California Atty. Gen. Rob Bonta.
“Importantly, the court dismissed the challenge to the law's requirement that gun stores and others in the industry work to prevent illegal transactions and other violations of the law,” Villaseñor said. “This means that bad actors can still be held liable for harm caused by their products.”
Larry Keane, general counsel for the NSSF, said the gun industry was “very pleased” with the ruling.
“It's certainly a victory,” he said.
Since then, federal judges applying the Bruen standard have struck down a number of gun laws, including California's bans on assault weapons and high-capacity ammunition magazines. Those sentences are under appeal.
Schopler, however, did not rely on Bruen's decision in his ruling Wednesday, but on the so-called dormant Commerce Clause, which is not part of the Second Amendment.
The Constitution generally grants Congress (not individual states) authority to regulate interstate commerce, Schopler wrote. California's law was likely unconstitutional because it went far beyond its borders, implicating manufacturers and sellers (such as those represented by the NSSF) who legally manufacture and sell firearms in other states, Schopler wrote.
He gave an example: A manufacturer legally makes an AR-style rifle in Tennessee and legally ships it to Arizona. A seller in that state makes a legal sale to a buyer. Hours later, a thief steals the gun, enters California and commits a crime there.
“Although the business transactions took place entirely out of state, and the legal participants never set foot in California, both the Tennessee manufacturer and the Arizona retailer could be sued under the 'abnormally dangerous' firearms provision” Schopler wrote.
Keane applauded Schopler's analysis and said the California law violates the same “principles of federalism.”
“They are casting their policy options – through the threat of liability, through the threat of litigation – on commerce that occurs entirely out of state,” the NSSF attorney said of California. “A state cannot regulate legal commerce that occurs entirely outside the state. Congress can regulate interstate commerce, not individual states.”
Keane noted that Schopler dismissed the NSSF's request for an injunction against the law's other provisions, but allowed the group to resubmit its request if it found more evidence that those provisions were causing harm to its members.
He said the group would “go back and talk to our members” before deciding next steps.
