Third Circuit Allows NSSF Lawsuit to Proceed Against New Jersey Gun Law

On Tuesday, the U.S. Court of Appeals for the Third Circuit decided that the National Shooting Sports Foundation’s (NSSF) lawsuit regarding New Jersey’s gun industry liability law can move forward.

This law, known as A1765, is challenged by the NSSF on the basis that it violates the Protection of Lawful Commerce in Arms Act enacted in 2005.

The case, referred to as NSSF v. Platkin, was originally filed in February 2025 but was dismissed because it was claimed that NSSF did not have standing; the lawsuit was considered premature since it was filed before the law had actually been enforced against any companies in the industry. After the dismissal, however, New Jersey’s then-Attorney General Matthew Platkin initiated lawsuits against several industry members, including GLOCK, Inc.

The NSSF pointed out that Platkin claimed GLOCK was responsible for criminal misuse of firearms when criminals alter GLOCK pistols by illegal means, such as installing a “switch” on the handguns. In response, the NSSF sought to reopen their lawsuit against the New Jersey gun regulation.

New Jersey argued that NSSF still did not have the standing to pursue this lawsuit, but the Third Circuit emphasized that “NSSF’s members’ intended actions are arguably precluded by A1765 and affected with constitutional interests.” NSSF maintained that enforcing A1765 would unjustly make its members liable for actions taken by third parties using their legal products to commit crimes.

The Third Circuit ultimately ruled in favor of NSSF, allowing the lawsuit to progress.

NSSF’s general counsel, Lawrence Keane, remarked that the situation surrounding this law has been quite challenging. He expressed optimism that the attempt by New Jersey to undermine federal law through what he termed “frivolous lawsuits” would not hold up under legal scrutiny.