New Jersey residents have the misfortune of living in one of the states that is most hostile to the Second Amendment in the Union. Now comes an injunction from a state superior court that could have lasting ramifications on the right to keep and bear arms.
Last week, a judge granted summary judgment in the state’s lawfare against Butch’s Gun World. The Vineland federal firearm licensee (FFL) has been in the crosshairs of the New Jersey attorney general for some time, and this court action ramped up the heat on gun dealers.
Judgment is just piling more restrictions on lawful gun owners and businesses
According to the judgment, the business must “establish, implement, and enforce, without exception, procedures and business practices that are reasonably designed to prevent the sale or distribution of any gun-related product to a person prohibited from possessing a firearm under state or federal law.”
Any gun-related product.
New Jersey already has a system in place that requires a valid firearms permit to purchase a weapon from an FFL, meaning federal background checks are already mandated.
Judge’s action may have chilling effect on Second Amendment-related businesses
This blanket judgment goes potentially much farther. It is easy to imagine that customers do not want their every transaction logged and registered by the government.
It is also simple to conceive of the damage done to FFLs who are no longer able to sell a basic cleaning kit or firearm case without government hassle.
And what about out-of-state customers who do not possess a New Jersey permit?
New Jersey sued Butch’s Gun World as part of its overall hostility to gun rights. The action under the state’s “nuisance law,” enacted three years ago, claimed that the establishment is either liable for third-party actions with its products or lacks “adequate business controls.”
The National Shooting Sports Foundation (NSSF), the industry trade association, sued New Jersey over Assembly Bill 1765. However, the Third Circuit ruled that the NSSF lacked standing to bring the litigation.
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