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Judge Blocks California Law That Would Allow Gunmakers to be Sued

A federal judge in San Diego has for now blocked a California law allowing residents and local governments to sue businesses that manufacture, sell and market guns and accessories that the state deems "abnormally dangerous," reports Courthouse News Service. The law, the Firearm Industry Responsibility Act, was passed by the state legislature and championed by Democratic Governor Gavin Newsom as a way to hold the firearm industry accountable for gun violence. According to proponents, the bill would create a "standard of conduct" for the gun industry and banned marketing to minors.

However, U.S. District Judge Andrew Schopler found that it was unconstitutional. “Because the 'abnormally dangerous' firearm rule reaches beyond California’s borders and directly regulates out-of-state commercial transactions, it likely runs afoul of the dormant Commerce Clause," he wrote. The Commerce Clause is a constitutional power granted to the U.S. Congress to regulate commerce, and it also restricts individual states from hindering interstate trade.


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