.POTUS Biden judge delivers gun industry huge win in NJ
U.S. District Court Judge Zahid Quraishi, a Biden appointee, said that he agreed with the gun industry that the New Jersey law was likely unconstitutional and granted the National Shooting Sports Foundation a preliminary injunction.The judge, in a 20-page opinion, said that the New Jersey law signed last summer by Gov. Phil Murphy ignored a larger federal law that protects the makers of guns — and other items — from being dragged into court when somebody misuses their product.
“The court is mindful that firearms are inherently dangerous and even more so in the wrong hands, but it is also mindful that the PLCAA embodies Congress’s earnest effort to balance those dangers against the national interest in protecting access to firearms,” wrote the judge. Mark Oliva, the spokesman for the National Shooting Sports Foundation, the industry trade group, told Secrets, “It’s a basic understanding of tort law. It’s the foundation of the Protection of Lawful Commerce in Arms Act, that anyone that criminally misuses a firearm or a product is responsible for the damages caused by their crime, not the person that lawfully made, lawfully sold that product.”
In less legalistic language, Oliva added, “You don’t sue Ford and Budweiser when someone gets into a drunk driving accident and causes the death of another individual. That’s the responsibility of who broke the law.”
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