A federal appeals court just handed the firearms industry a major legal victory, allowing a lawsuit against New Jersey’s gun liability law to move forward after an 18-month battle.
The Third Circuit Court of Appeals rejected New Jersey’s attempt to block a challenge from the National Shooting Sports Foundation against a 2022 law, known as A1765, that lets the state sue gun stores and manufacturers. The unanimous three-judge panel — including two Trump appointees and a Clinton appointee — ruled Tuesday that the six lawsuits New Jersey had already filed under the law gave the trade group legal standing to fight back.
Circuit Judge David J. Porter, writing for the panel, said New Jersey’s legal strategy amounted to a “Catch-22” that would leave the industry with no way to defend itself in federal court. The state, he wrote, couldn’t have it both ways.
NSSF Senior Vice President and General Counsel Lawrence Keane called the ruling a “tremendous legal hurdle” cleared, arguing the New Jersey law “clearly violates” the bipartisan federal Protection of Lawful Commerce in Arms Act and is “unconstitutional in many respects.” Keane accused the state of a “naked attempt” to circumvent Congress and bankrupt gun makers and sellers through what he called frivolous lawsuits.
A spokesperson for New Jersey’s Democratic Attorney General pushed back, insisting the ruling was purely procedural and did not touch the merits of the case. The state vowed its “SAFE” enforcement office would keep defending the law in court.
The fight traces back to a pair of high-profile lawsuits. In December 2024, New Jersey sued Glock over so-called “Glock switches” — illegal devices that convert semiautomatic pistols into fully automatic weapons. Then in October 2025, the state went after SIG SAUER, alleging its popular P320 pistol was defective and prone to firing on its own. SIG SAUER has strongly denied the claims, saying on its website that the P320 has undergone more rigorous testing than any firearm in the world and calling accusations of unintended discharges “manufactured lies” pushed by anti-gun activists.
NSSF’s amended complaint argues the New Jersey law violates the Second Amendment, the First Amendment, the 14th Amendment, and federal commerce protections for the firearms industry.
For gun rights advocates, the ruling represents a crucial check on blue-state efforts to use the courts, rather than the legislature, to squeeze the firearms industry out of business. The case now heads back to the lower courts, where NSSF will finally get its day in court to argue the law should be struck down entirely.
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