Brief Filed in National Shooting Sports Foundation v. James

Schaerr | Jaffe LLP lawyers filed a brief on behalf of Sen. Ted Cruz, Rep. Russell Fry, and 75 additional Members of Congress supporting the certiorari petition in National Shooting Sports Foundation v. James. That petition seeks review of a Second Decision decision holding that the federal Preemption of Lawful Commerce in Arms Act (PLCAA) does not preempt a New York state law that codifies public nuisance and simple negligence liability as applied to “gun industry members.”  The amicus brief explains that the PLCAA was intended to displace that type of liability because, by threatening the viability of firearms makers and distributors, it threatens the practical ability of citizens to exercise their Second Amendment rights.  The brief can be read in full here.

Law360 reported on the brief and that article can be found here.