Attorney General Bonta Supports States’ Rights to Hold Gun Industry Accountable

Joins multistate coalition in filing amicus brief supporting states’ power to curb dangerous industry practices 

SACRAMENTO — California Attorney General Rob Bonta today joined a multistate coalition in a legal effort supporting states’ rights to enact commonsense laws to protect the public from gun violence. The coalition filed the amicus brief in the U.S. Court of Appeals for the Second Circuit in support of New Jersey’s defense against a legal challenge to its firearm-related public nuisance statute. The New Jersey statute —similar to the law Attorney General Bonta championed in California, Assembly Bill 1594 (AB 1594) — restores the right of victims to hold the firearm industry responsible for its misconduct. In the amicus brief, the coalition argues that New Jersey’s statute is in line with individual states’ longstanding authority to advance laws and policies that protect consumers from harms committed by manufacturers and sellers.  

 “Gun violence has left too many families broken, too many children traumatized, too many loved ones in pain — it’s time to stand up to the companies who sell these deadly weapons,” said Attorney General Bonta. “There is no reason that the gun industry should be the only industry exempt from responsibility for the harm that its products cause. We are tired of seeing this industry get a free pass as communities continue to suffer from the trauma of gun violence. The California Department of Justice continues to stand with our partners across the nation in defending commonsense gun safety laws that protect communities and save lives.”

California’s AB 1594, which was sponsored by Attorney General Bonta and signed into law in July 2022, creates a pathway for Californians who have been harmed by gun violence to hold the appropriate parties — including gun manufacturers and distributors — accountable. AB 1594 goes into effect in California on July 1, 2023. Under the law, if gun industry members fail to take proper precautions in their marketing and distribution to prevent their products from being used unlawfully, the Attorney General and individual Californians can file civil suits to recoup the damage from those failures. 

New Jersey’s statute takes a similar approach to AB 1594, allowing its residents to take legal action against members of the firearm industry that violate state law. In National Shooting Sports Foundation v. James, a group of gun manufacturers and distributors filed a lawsuit seeking to block enforcement of the statute, but their motion for preliminary injunction was denied by the United States District Court. The plaintiffs are now appealing the district court’s ruling in the U.S. Court of Appeals for the Second Circuit. 

The amicus brief supports New Jersey’s defense of the laws that provide a remedy for unlawful sale and marketing of firearms that benefit the public by encouraging responsible business practices. Moreover, such statutes are a lawful exercise of state sovereign authority and are not preempted by the federal Protection of Lawful Commerce in Arms Act, which allows states to enact laws regulating firearms sales and marketing. The brief provides support for civil lawsuits when gun manufacturers and sellers violate the proposed laws. And finally, such laws are consistent with the U.S. Constitution’s dormant Commerce Clause, which does not interfere with the states’ well-established authority to regulate matters of legitimate local concern, even where interstate commerce may be impacted.

Attorney General Bonta has filed a series of similar briefs in support of state efforts to protect their citizens from gun violence. In January, Attorney General Bonta, as part of a multistate coalition, filed an amicus brief in defense of New York’s firearm-related public nuisance statute in the U.S. Court of Appeals for the Second Circuit. Days later, the Attorney General joined an amicus brief urging the appellate court to reverse a district court decision blocking enforcement of New York’s law placing reasonable restrictions on who may obtain a concealed carry weapon license and prohibiting where concealed weapons may be carried. That same month, Attorney General Bonta urged the court to uphold New York’s commonsense regulation and authority to prohibit the carrying of firearms in sensitive places, in particular, places of worship. In 2022, the Attorney General filed support for the District of Columbia and states’ authority to regulate firearms on public transit systems and protect communities seeking access to safe public transportation.

These efforts continue the ongoing work of Attorney General Bonta to protect the public from gun violence. Recently, the Attorney General launched a first-in-the-nation Office of Gun Violence Prevention, took legal action against ghost gun retailers, advocated for and defended commonsense gun laws, worked on the ground to keep firearms out of the hands of dangerous individuals, and announced Senate Bill 2 (SB 2), to strengthen California's existing concealed carry weapon (CCW) laws.

Attorney General Bonta also provided grants to local law enforcement to support activities related to seizing weapons from individuals prohibited from possessing them, called on credit card companies to do their part to end illegal gun trafficking and mass shootings, and promoted the use of the state’s red flag laws to remove weapons from individuals who pose a danger to themselves or others.

In filing the amicus brief, Attorney General Bonta joins the attorneys general of Connecticut, Delaware, District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington and Wisconsin.

A copy of the brief can be found here.