New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A1765

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
6/23/22  
Engrossed
6/29/22  
Enrolled
6/29/22  
Chaptered
7/5/22  

Caption

Allows Attorney General to bring cause of action for certain public nuisance violations arising from sale or marketing of firearms.

Impact

The introduction of A1765 signifies a shift in New Jersey's legal landscape regarding gun control and public safety. By establishing a statutory cause of action for public nuisance violations, the bill empowers the Attorney General to hold gun industry members accountable for their actions that might contribute to public harm. The law encourages rigorous controls in the sale, distribution, and marketing of firearms and related products, which proponents argue is essential for comprehensive public safety measures. It provides a legal framework that could enable the state to address issues of gun violence more effectively.

Summary

Assembly Bill A1765, enacted in New Jersey, allows the Attorney General to bring causes of action for certain public nuisance violations associated with the sale and marketing of firearms. This legislation addresses the limitations faced by state officials in pursuing civil actions against the gun industry due to previous court rulings and federal laws such as the Protection of Lawful Commerce in Arms Act (PLCAA). The act aims to protect public health and safety by requiring gun industry players to implement reasonable procedures and safeguards, aiming to reduce gun violence and its associated dangers.

Sentiment

The sentiment surrounding the bill has been a mix of support and opposition. Supporters, including advocates for gun control and public safety, commend the bill for addressing the gaps left by previous laws and judicial rulings, enabling a proactive approach to gun violence. However, critics, particularly from the gun industry and Second Amendment advocates, argue that the bill could lead to increased liability for manufacturers and retailers, potentially restricting lawful commerce and infringing upon rights. The debate highlights differing views on the balance between gun rights and public safety.

Contention

Notable points of contention regarding A1765 include concerns over its potential impact on the gun industry and the legal framework governing firearms. Opponents argue that the bill may expose gun manufacturers to unnecessary legal challenges and could be seen as a means to regulate the industry excessively under the guise of public safety. Furthermore, there are worries that the definition of 'public nuisance' could become overly broad, leading to litigation that could hinder the lawful activities of gun sellers and manufacturers. The overall effectiveness and implications of the bill in achieving its intended objectives remain a focal point of ongoing discussions.

Companion Bills

NJ S1893

Same As Allows Attorney General to bring cause of action for certain public nuisance violations arising from sale or marketing of firearms.

Similar Bills

NJ S1893

Allows Attorney General to bring cause of action for certain public nuisance violations arising from sale or marketing of firearms.

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