Overview

• A three-judge panel unanimously rejected a facial challenge by the National Shooting Sports Foundation and major manufacturers on July 10.
• Circuit Judge Eunice Lee ruled the law does not conflict with the federal Protection of Lawful Commerce in Arms Act, is sufficiently clear and does not violate the dormant Commerce Clause.
• Circuit Judge Dennis Jacobs concurred with the decision while warning the statute amounts to an end-run around federal immunity protections.
• The 2021 law, updated in 2024, allows state and private actors to sue manufacturers, wholesalers and dealers for endangering public health through firearms sales and marketing.
• Following the appeals court’s affirmation, enforcement of the law and victim-led litigation will move forward as lower courts and parties test the scope of liability and procedures.