Third Circuit Allows NSSF Challenge to N.J.’s ‘Reasonable Controls’ Law

NSSF®, The Firearm Industry Trade Association, applauds the U.S. Court of Appeals for the Third Circuit’s decision in NSSF v. Attorney General New Jersey, holding that NSSF has standing to challenge New Jersey’s “reasonable controls” law (A1765) and reversing a lower court’s decision that it was required to abstain from ruling on the merits of NSSF’s lawsuit because the New Jersey attorney general brought an enforcement action against one of its 10,000 members.
A previous challenge to the law by NSSF was dismissed for lack of standing because the law had yet to be enforced against a member company, making the lawsuit premature. This time, a lower court held that it could not reach the merits of the case by invoking the YoungerAbstention Doctrine, a legal rule that cautions federal courts from interfering with ongoing state court proceedings because the New Jersey attorney general was enforcing the law. That effectively barred NSSF from the courthouse doors for being too late. The Third Circuit rejected New Jersey’s argument.
“New Jersey’s proposed rule would create a Catch-22,” the Third Circuit decision reads. “If the association sued before the enforcement action against one of its members, it would be dismissed for lack of standing, like in NSSF I. If it sued after the enforcement action, it would be dismissed under Younger. Because NSSF, and its members, are ‘entitled to [their] own day in court,’ we reject New Jersey’s proposed rule.”
“This is a tremendous legal hurdle that has been cleared to permit our challenge to be heard in court. Read more









