
Some of us have been closely following challenges to A1765, New Jersey’s gun industry liability law. In my view, the law is facially invalid and preempted under federal law, and we may now find out after the United States Court of Appeals for the Third Circuit greenlit a challenge from the National Shooting Sports Foundation (NSSF) yesterday. The court found that the NSSF has standing to bring the lawsuit, which could reach the United States Supreme Court.
In 2022, New Jersey enacted A1765 to expose “gun industry members”—gun sellers, manufacturers, distributors, importers, and marketers— to lawsuits as a “public nuisance.” This is a common effort among blue states to circumvent Second Amendment cases that reinforce the right to bear arms.
These laws are designed to achieve indirectly what the Court denied directly to the states: to effectively suppress the availability of guns. Indeed, the law effectively requires manufacturers to self-regulate after the state was prevented from direct regulations, mandating that these companies “shall establish, implement, and enforce reasonable controls regarding its manufacture, sale, distribution, importing, and marketing of gun-related products.” Id. § 2C:58-35(a)(2).
The problem is the Protection of Lawful Commerce in Arms Act (“PLCAA”) which was passed to “prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended.” 15 U.S.C. § 7901(b)(1).
PLCAA does have exceptions, including negligence per se. Id. § 7903(5)(A)(ii). The predicate exception requires proof that the manufacturer or seller “knowingly violated a State or Federal statute applicable to the sale or marketing of the product,” and that “the violation was a proximate cause of the harm for which relief is sought.” Id. § 7903(5)(A)(iii).
However, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, 605 U.S. 280, 299 (2025), the Supreme Court stressed that this exception applies only to those cases where the “plaintiff makes a plausible allegation that a gun manufacturer participated in a firearms violation as in something that it wished to bring about and sought to make succeed.” Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos, 605 U.S. 280, 299 (2025) (citation modified).
In the case, the Government of Mexico sued seven American gun manufacturers, alleging that the companies aided and abetted unlawful gun sales that routed firearms to Mexican drug cartels under the predicate exception. It argued that the companies failed to exercise “reasonable care” to prevent trafficking of their guns into Mexico, and so are responsible for the harms arising there from the weapons’ misuse as “willful accessories.” As some of us predicted, it failed spectacularly in a unanimous decision.
Nuisance is not negligence per se, and gun control advocates have tried to use product liability and nuisance laws to curtail gun sales for years as an alternative to legislative gun bans, which would be struck down. (There are a couple of gun ban cases going before the Court this term).
As previously discussed, public nuisance was originally addressed in England by criminal laws against such offenses as obstructing “the King’s highways.” It evolved into a common-law tort to address a broader range of “interests of the community at large—interests that were recognized as rights of the general public entitled to protection,” in the words of the American Law Institute’s Second Restatement of Torts (1965-79).
Those cases collapsed, and rightly so. In Chicago v. Beretta U.S.A. (2004), the Illinois Supreme Court rejected the claim while acknowledging that “the tragic personal consequences of gun violence are inestimable.” The court found no interference with a legal public right. It held that such theories “would permit nuisance liability to be imposed on an endless list of manufacturers, distributors, and retailers of manufactured products.” The opioid claims are similar. Neither product was defective; both worked—all too well in some cases. The claims were based on third parties’ illegal or harmful use.
The same result appeared in nuisance claims involving lead paint. In State v. Lead Industries Association (2008), the Rhode Island Supreme Court rejected an effort to use nuisance as a substitute for product liability. The court recognized the huge toll from the product while insisting that if it is defective, that should be addressed by product liability: “Our hearts go out to those children whose lives forever have been changed by the poisonous presence of lead. But, however grave the problem of lead poisoning is in Rhode Island, public nuisance law simply does not provide a remedy for this harm.”
Consideration of the merits of the challenge in this case, however, was stymied by that state challenging standing. First filed in February 2025, the lawsuit was dismissed because it was filed before the law was enforced against any industry member companies. The state, under New Jersey’s then-AG Matthew Platkin, sued several industry members, including GLOCK, Inc. NSSF promptly moved to reopen its lawsuit against New Jersey’s gun control law.
The Third Circuit held, “NSSF’s members’ intended actions are arguably precluded by A1765 and affected with constitutional interests. NSSF argues A1765 enforcement actions against its members for otherwise lawful commerce would be an attempt to ‘hold [its members] liable for the acts of third parties who use their legal products to commit heinous crimes.’”
Unless the standing decision is reversed, New Jersey will now face review (and a possible reckoning) over its latest effort to use civil liability as an alternative avenue for gun control.
Jonathan Turley is a law professor and the New York Times best-selling author of “Rage and the Republic: The Unfinished Story of the American Revolution.”
NJ does not learn any more than NY. They will try and hang their hat on any nail they can find. When this ends up in the Supreme Court, do not say I did not warn you. Every lesson is the same. The more you try and curtail rights, the Supreme Court removes the roadblock and then loosens it up even further. This is easy. It is not the gun that is the problem. It is the intent behind the gun. A gun does not load itself, it does not aim itself and it certainly does not pull its own trigger. That is a person. They do all of the bad acts. Not the gun. Yet the State wants to curtail ownership. They say it is all about reasonable regulations, except it is about not allowing anyone to own a gun. This will go the Supreme Court and it will be a slam dunk win for the gun owners. People of good character can have true disagreements over any given issue. Yet, to continue to beat a dead horse will not bring the horse back to life.
Estovir, you’re saying ‘states rights don’t matter’. Funny how that goes. Republicans used to emphasize state’s rights. They still do when it suits their purposes.
Anonymous, you are so incredibly desperate. Do you realize how silly and childish you come across to everyone? Do you really have no self-awareness at all?
Most of the Bill of Rights applies to the states through the 14th Amendment. That includes 2nd Amendment rights. Conservatives don’t dispute that. Conservatives support incorporation because the Left is the foremost threat to civil rights today, whether it be 1st Amendment or 2nd Amendment rights, or property rights such as in the Kelo decision.
On some issues, the Constitution is silent. As to those issues, states do retain the authority to legislate. That is basic civics. And that includes abortion. If you disagree, please quote the section of the U.S. Constitution that mentions abortion. You can’t because it doesn’t exist.
Your “states rights” accusation against Quiet Man is laughable in so many ways. Where did Quiet Man say anything about states rights? Where did Quiet Man discuss the incorporation doctrine? Or are you harkening back to the Civil War period before the Fourteenth Amendment even existed? In that era, it was Democrats who relied on states rights to hold onto slaves, and Republicans who opposed slavery.
Again, you’re so desperate and pathetic in your attempts to find some supposed inconsistency, that you’re laughable. You are the only one who doesn’t realize that.
#WeAreEstovir
Trump Administration Letting National Firearms Act Expire
The Justice Department let longstanding restrictions on owning short-barreled guns and suppressors lapse on Thursday, bowing to pressure from Republicans and gun advocates.
Judge James Wesley Hendrix of the Northern District of Texas had said that his order striking down the mandated permitting process under the National Firearms Act as unconstitutional would go into effect Thursday unless the Justice Department appealed. Trump administration officials didn’t file an appeal to the court before 12:01 a.m. Thursday, according to publicly available court records.
In effect, the Trump administration stepped aside and allowed the Prohibition-era gun control measure to lapse under judicial scrutiny after President Trump signed a law last year that weakened the restrictions by removing a $200 tax for the permit. The administration has 52 more days to file an appeal in the case.
https://www.nytimes.com/2026/08/13/us/politics/national-firearms-act-gun-control-doj.html?smid=nytcore-
…………………………………………
Does the United States really need more short-barrelled shotguns and silencers in circulation? Is this good public policy?
Your rights are not constrained by the needs of others.
Regardless in this case you are blaming the Trump DOJ for not appealing a lower court decision.
Trump did not cause the law to fail in the lower courts.
While Trump is GENERALLY more protective of 2nd Amendment rights than left wing nut presidents – Trump is NOT actively advancing the 2nd amendment, he is merely following the law as it is.
If you do not like the law – go to congress and change it.
John Say, it was a Trump-appointed judge in Norther Texas that struck down the law. And that law had stood for more than 90 years.
How come no other judge in the past 90 years thought that law was ‘unconstitutional’?? Judges are ‘getting smarter’..?
How many legal challenges were there? Just saying, “Judge A disagrees with Judge B is not evidence that one is right and the other is wrong. Go back and finish third grade, moron.
No other judge, in the last 90 years, felt the need to strike this law. And one should point out that until the 1980’s, very few automatic weapons were in circulation. What’s more, until the 1980’s, the average cop routinely carried a 38 caliber snub nose revolver, a gun now considered totally inadequate for policing needs. Are we making progress when the need for more powerful guns becomes increasingly necessary??
. . . felt the need to strike this law
Judges don’t strike down laws when they “feel the need.” What, you think judges just troll around through the United States Code and come up with laws they think should be struck down, then issue an order? That’s not how it works. A case has to be brought before the judge where someone is challenging the law. So again, the crucial question you conspicuously ignored: how many legal challenges were there?
Let’s not kid ourselves. Republican-appointed judges, in the Trump era, have a rightwing agenda to carry-out. And they don’t care about precedents!
How many legal challenges have there been?
If you can’t answer that simple question, you are emphatically full of shit.
Whoa that one landed in the X ring
Using the NY slime as good info is a joke.
Karmelo Anthony killed Austin Metcalf with a knife. Should the knife manufacturer liable? Should knives be illegal? Should a person who wants to buy a knife have to receive permission from the government? Is Karmelo Anthony a victim of capitalism by knife manufacturers?
The Supreme Court has long been complicit and must have, long ago:
1. Struck down these fraudulent attempts to amend the Constitution; and
2. Prosecuted the attorneys, legislators, judges, and others responsible for acts of subversion, sedition, insurrection, and treason.
___________________________________________________________________________________________________________________________________________
2nd Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
_______________________________________________________________________________________________________________________________________________________
infringe
1: to encroach upon in a way that violates law or the rights of another
— as in infringe a patent
________________________________________________________________________________________________________
encroach
1: to enter by gradual steps or by stealth into the possessions or rights of another
2: to advance beyond the usual or proper limits
— as in the gradually encroaching sea
___________________________________________
“[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”
– Alexander Hamilton
_________________________
“…courts…must…declare all acts contrary to the manifest tenor of the Constitution void.”
“…men…do…what their powers do not authorize, [and] what [their powers] forbid.”
#. It’s a lack of moral understanding and respect for law that causes the immoral and unlawful use of guns. I imagine NJ is responding to an immoral culture. I’ve heard it’s a contributor? Imo
Diesel is now $5.94 / gallon affecting all transportation of goods, farming and manufacturing amidst an escalating needless war in Iran, while Trump has called Canada our greatest adversary. So what does Turley want to talk about? Anything but…..he’ll pick socialism, or guns, or how Talarico is a lefty. But whatever he does – he will NOT critique Trump. Don’t dare bite the hand that feeds him. Makes you wonder, doesn’t it? Why is he so afraid to discuss ALL the topics?
Most on the right will concede that Trump is his own worst enemy. His heart is often in the right place, though exceptions abound (e.g., saying the reason for Russia-Ukraine War is because “their leaders hate each other” — as if Ukraine defending its national sovereignty is an insignificant factor). But, he’s incompetent and overconfident – a dangerous combination. His 1st term was better because of the seasoned professionals he put in his cabinet.
So here we are in 2026: The Dems are running against Trump who isn’t on the ballot, and the Repubs are running against the DSA instead of proposing governing policies for ’27-28. Neither major party is facing up to governing responsibilities. That makes the choice between D and R a vote for continuing blunders of one flavor or the other.
Trump is unconventional and makes mistakes – but if he is his own worst enemy – Democrats are in trouble – because Trump is doing fine.
Purportedly Democrats are likely to pick up 3-5 Senate seats – but Articles today say that Ossoff is in toruble in GA, and that Tafoya is in striking distance in MN of a unpopular candidate.
That MN hates Trump, but at the same time they are increasingly hostile to immigrants – particularly mulsim immigrants Rep. Omar is less popular than Trump.
Supposedly El Sayed and Talarico are going to win in MI and TX respectively – Really ? Is there anyone who beleives that.
Collins is supposedly down by 2 in Maine – but she has won in Maine down by 8 in August. I suspect Main will eventually flip Blue, But TX will not, and OH is now Red, and PA, and MI are following closely.
With MN not far behind.
Even places like WA and OR that have been blue for a long time are facing challenges from republicans.
There are many reasons for the Ukraine war. The US and Europe threatening to add Ukraine to NATO among those.
Certainly Zelensky and Putin hate each other.
But since Trump was elected and particularly since Iran was removed as a supply of munitions to Russia – SLOWLY Putin is losing his “cards” and it is Zelensky that has the upper hand.
As to Trump’s “competence” – he is doing fine. Absolutely his “promiseo make everything in the world perfect on dayh one has proven false.
But across the board things are improving.
We are fixated on Iran and oil prices right now – forgetting that we are in the process of draining the swamp.
It takes very little to see that while Trump has been overley optomistic – that in the long run things are going HIS way and Americas way.
The closer relations between Israel and the gulf nations alone makes this conflict worthwhile.
Left wing nuts in the US can fawn over european socialists – but the nations in the Mideast were Let down by the Europeans.
People seem to forget this conflict is the US and Israel and nearly every other mideastern nation against Iran.
The Ukraine conflict will end. If things continue millions more will die and it will take a few more years – but increasingly Russia is losing.
One of the difficulties now is Putin has no way out.
Any peace deal that accepts the reality that Russia is slowly losing will result in him losing power – and likely being executed.
Russia is not kind to failed leaders.
Regardless Russia has been seen globally as a paper tiger.
IN domain after domain Trump is winning – not as easily as he claimed – but winning nonetheless.
And Americans are winning in return.
No Trump’s first term was not better.
This cabinet is a better cabinet – they are younger and more committed, and more unified. There is less back stabbing.
During Trump 45 the IC was stabbing Trump in the back through the whole Term – now he and his people OWN the IC.
This term is more chaotic – because Trump is Doing more all at once this term. But he is mostly succeeding.
More so than in his first term Trump is changing the entire US government and the entire world in very important ways.
The process is just messy.
Republicans do not need to propose new governing polices – they ARE governing right now.
The BBB proved to be a significant milestone – more so than I had understood.
While it does not completely eliminate Democrats ability to F#$K over the country in 2027 should they gain control of the house and senate – it significantly impedes that.
In the event Democrats take the house and Senate in November – all they can do is spend the next two years “investigating”. They can hold hearings.
That is about it.
Worse still for them – most of what they can go after Trump for makes them look bad too.
Regardless, more lawfare against Trump was a winning strategy … FOR Trump.
Nearlyh all the things Trump is currently doing as president that infuriate the left will continue through 2028.
While I doubt the conflict with Iran will continue through January – even if it does, do you actually see democrats effectively voting to allow Iran to control global oil, threaten the world with nukes and export terrorism ? There may be investigation – but Congress is NOT going to actually do anything to stop Trump.
Trump;s agenda is working more slowly than he promised – but it is working.
CCP stooge spewing ‘Operation Demoralization” BS
Boring and repetitive
Costco Wholesale – California Gas Prices – OilMonster
Costco Wholesale gas station: Regular $5.76 Diesel $6.390.
California has the highest gas taxes in the nation. Total taxes and fees are $1.20 of which 18.4 cents are federal, the remainder state. California gas prices are negatively impacted by California regulation resulting in state refineries closing and state oil production dropping significantly. California actually has to import most of its crude and a lot of its gasoline/diesel from overseas.
Bidenflation caused prices to rise by 20% during the four years of the Biden regime. Amazing how a corrupt head of the Federal Reserve can be such a partisan that she gets appointed to be Treasury Secretary, and how she called inflation “transitory” when it suited her partisan interests. No Democrap wants to discuss that reality, though.
Fuel is still significantrly cheaper than its peak under under Biden.
It is not necessary for Iran to have nuclear weapons. It is not necessary for Iran to attempt to block the straights of Hormuz.
Trump has over and over promised that he could deliver a variety of of things “on day one”.
If you wish to rant endlessly about his failure to deliver “on day one” – go for it.
But he is delivering. Empoloyment is rising – ESPECIALLY for the working class. Wages are rising ESPECIALLY for the working class.
One myriads of issues we still have a long way to go – but we are headed int he right direction.
The Ukraine war has flipped from a war of attrition that Ukraine was slowly but inevitably losing under Biden to one that Ukraine is slowly but inevitably winning under Trump.
Flipping Venezuela, Cuba, Iran all negatively impact Russia – and China.
Russia has lost its major supplier of munitions – Iran, which supplied 40% of Russia’s arms. That alone flips the strategic balance in Ukraine.
The oil issues you bemoan are also a message to China – that they will be economically strangled to death should they make a move on Taiwan.
Whatever your problems with the price of diesel – the chinese economy is in deep schiff as it is entirely dependent on foreign energy.
China’s economic survival at the moment is dependent on Trump allowing China a share of US and mideastern oil, otherwise their economy tanks quickly.
Trump is also teaching the Europeans a lesson – it si NOT the US that is dependent on Mideastern oil – it is Europe and Asia.
The US produces more energy than we consume. The western hemisphere has Zero Dependence on oil from the mideast.
The Chinese economy and the European economy are dependent today on Energy from the mideast.
Europeans are dependent for many reasons – among those being decades of idiotic green energy polices that have failed.
Europe is de-industrializing – the US is re-industrializing. REVERSING a trend under Biden and Obama.
Some of what is happening was inevitable – whether Trump was president or not.
US foreign policy and national interests have been shifting away from Europe the mideast and africa for decades.
But Trump has sped that process up.
This conflict with Iran has the potential to bring real long lasting peace and stability to the mideast – even to the world.
Iran has already been “defanged” – They are not exporting munitions to Russia and will not be again for a very long time.
They are losing millions of dollars every single day. They are not funding terrorism throughout the mideast – they can not afford to do so.
Hamas has been defeated, Hezbollah has been defeated. There is good reason to beleive that Lebanon can move from being a failed state to returning to be a peaceful prosperous nation.
The lebanese government has a working arrangement with Israel – Israel is slowly withdrawing forces as it clears regions of Hezbolah and returning them to control of the lebanese government,
and has promised to leave those regions alone – so long as Lebanon prevents them from being bases of operations for terror attacks on Israel.
The Saudis and Israelis – and other gulf states have cooperated militarily in this conflict with Iran.
We were in Afghanistan for 20 years – and failed. We are not in Iran, we are just destroying the most destabilizing regime in the world.
If the US is still bombing Iran in 20 years, If we still have forces sorrounding Iran – THEN you can claim this conflict is a failure.
My expectation is as this ends the US is LEAVING the mideast.
One of the truly imporant consequences of this conflict is the military coopoeration between Israel and the Gulf States.
Europe has not been their for gulf nations – While Trump has – Trump will be gone in 2028 and the Gulf nations have no reason to Trust that the US will have their back in the future
US presidents have been notoriously bad with respect to the mideast.
The Gulf nations are learning that Israel lives there with them. That it is in their interests to work With Israel which is NOT GOING AWAY.
The Saudi’s and other gulf nations are already looking for means to prevent Iran from holding them hostage again.
The pipelines bypassing the straights of Hormuz have doubled their capacity over the past 6 months. They are looking to do so again in the next 18 months.
Over the longer term – pipelines to the Mediterranean trough Israel are being planned.
While these projects are important – even more important is that the nations of the region are working together – and together with Israel to defang Iran.
If the US Left the Gulf today – Iran would still be in a quandry.
approx $1T of their economy has been destroyed.
Iran still has the ability to rebuild, fund terrorists, export arms, threaten their neighbors, develop ICBMS and develop nuclear weapons.
But they can not do all or even most of these concurrently.
They have had to murder 50K of their own people before this conflict to hold on to power.
Iran has been dramatically weakened.
Insurgent groups are entering the country through Pakistan and Iraq – mostly Kurd’s who have been seeking an independent Kurdistan from the Kurdish regions of Iran, Iraq, and Turkey for nearly a century.
They have an opportunity now.
Regardless if the US left the Gulf right now – Iran could not simply return to where it was 9 months ago in less than a decade.
Thjey can move forward on SOME things, but only at the expense of ignoring others.
I could care less about YOUR fixation on Trump alleged out of context remark of the day.
Canada is not our greatest adversary – it is not really even an independent nation anymore. It has lost control of its own economy
It is now essentially a protectorate of the United States dependant on US benevolance for any standard of living.
That is a FAILURE of the Canadians. Not Trump.
Socialism has resulted in many times more bloodshed than any other political or economic system in the world ever.
In the past 2 centuries we have seen the undisputable proof that free markets are superior ot ANYTHING man has ever conceived of.
We have seen standards of living rise exponentially faster than at any other time in human history as the direct result of freedom and free markets.
Universally the less freedom a country has the lower its standard of living. And the lowerr its rate of improvement in standard of living.
While this is a legal blog not an economic one – the fact that so many idiots like you out there are ignorant of the failures of socialism is disturbing.
You can not claim to be intelligent or well educated and fail to grasp that socialism is the worst system of economics and government ever conceived.
It is not merely worse than free market capitalism which has absolutely no equal – not even anything close.
Socialism is worse than merchanitlism, it is worse than monarchy, it is arguably worse than anarchy.
It has failed – usually with rivers of blood everywhere it has been tried.
It is about damned time (actually, long past time) that NJ was taken to task in regard to its numerous, callous, and egregious efforts to undermine the clear intent of the Second Amendment to the Constitution of the United States. That it is happening on Helicopter Ho’s watch just makes it all the more satisfying.
Many (maybe most) older Americans grew up in small towns and rural areas where the gun ownership rate likely exceeded 90%. Almost every household was a gun owner and there was near 0% shootings or deaths of people.
That is the experience of many older Americans. So there are other factors affecting gun violence since the 1960’s.
Other things to look at if you really want to reduce gun violence: violent movies, tv shows, video games and music. Like Alcohol Prohibition, excessive Drug Prohibition like outlawing marijuana creating a criminal black market for drugs which increased gun violence. When most of us were kids, coaches and parents didn’t cuss out their own children at a little league game, but instead forced us to shake hands with the opposing team. Even wrestling and martial arts competitions, you were required to shake hands with the same guy beating the hell out of you.
A music historian pointed out that prior to the 1980’s, most popular songs were anti-materialism and Vietnam era songs opposed to violence and killing. After the 1980’s many songs were about materialism and violence.
Not supporting censoring legal First Amendment activity, but maybe it’s more than weapon itself? And maybe parents need to do a better job teaching non-violence to their kids and stop funding those types of things?
The problem with cherry-picking to abolish 2nd Amendment rights is that they are linked to 1st Amendment rights also. One could make a strong argument that gun violence is primarily a 1st Amendment problem. One has to have violent intent regardless of the weapon they choose to use. That touches on 1st Amendment rights!
It seems to me broken families and fatherlessness is also a huge factor. The problem there goes deeper than entertainment. It’s a problem with some cultures that fatherlessness is the norm and not at all stigmatized. Boys who lack fathers still have a need for belonging and for guidance from a strong male figure. That need gets met in violent street gangs.
#WeAreEstovir
Estovir, how well-armed should street gangs be??
You’re making this pro-gun argument while acknowledging street gangs are a presence. Like maybe cities want to keep guns away from gangs?
You’re making this pro-gun argument
You’re hallucinating. Where did I make a pro-gun argument?
#WeAreEstovir
It seems to me broken families and fatherlessness is also a huge factor. The problem there goes deeper than entertainment. It’s a problem with some cultures that fatherlessness is the norm and not at all stigmatized. Boys who lack fathers still have a need for belonging and for guidance from a strong male figure. That need gets met in violent street gangs.
In 1965 Daniel Moynihan was Assistant Secretary of Labor during the LBJ Administration. He wrote a paper addressing the issue you described, which was roundly denounced as being racist when published. Some black publications now consider it to have been prescient and purposely ignored by black leaders to the detriment of blacks.
The Black Family, 60 Years Later: What Moynihan Saw, and What We Refused to Fix
https://blackwestchester.com/the-black-family-60-years-later-what-moynihan-saw-and-what-we-refused-to-fix/
Here is a section of Moynihan’s courageous paper that directly addresses your point, 61 years later
The Nεgr0 Family: The Case for National Action
Chapter IV. The Tangle of Pathology: Delinquency and Crime
The overwhelming number of offenses committed by Nεgr0es are directed toward other Nεgr0es: the cost of crime to the Nεgr0 community is a combination of that to the criminal and to the victim.
Some of the research on the effects of broken homes on delinquent behavior recently surveyed by Thomas F. Pettigrew in A Profile of the Nεgr0 American is summarized below, along with several other studies of the question.
Mary Diggs found that three-fourths — twice the expected ratio — of Philadelphia’s Nεgr0 delinquents who came before the law during 1948 did not live with both their natural parents.
In predicting juvenile crime, Eleanor and Sheldon Glueck also found that a higher proportion of delinquent than nondelinquent boys came from broken homes. They identified five critical factors in the home environment that made a difference in whether boys would become delinquents: discipline of boy by father, supervision of boy by mother, affection of father for boy, affection of mother for boy, and cohesiveness of family.
In 1952, when the New York City Youth Board set out to test the validity of these five factors as predictors of delinquency, a problem quickly emerged. The Glueck sample consisted of white boys of mainly Irish, Italian, Lithuanian, and English descent. However, the Youth Board group was 44 percent Nεgr0 and 14 percent Puerto Rican, and the frequency of broken homes within these groups was out of proportion to the total number of delinquents in the population.47
“In the majority of these cases, the father was usually never in the home at all, absent for the major proportion of the boy’s life, or was present only on occasion.”
https://www.dol.gov/general/aboutdol/history/webid-moynihan/moynchapter4
it appears that our resident TDS troll (aka Svelaz / Gigi / X / Wally / Sally / Concerned Citizen et al ) is likely not of Irish, Italian, Lithuanian and English descent.
Clearly this looks like preemption by federal statute under the Supremacy Clause. Behind that is New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022). In the body of history and tradition of State regulation of arms, where is there any case holding nuisance is a remedy against any of the supply chain people covered by the New Jersey statute?
To hold gun manufacturers responsible for the illegal use by a third party is ridiculous AND unconstitutional. The Liberal idiots would then persue Automobile companys for any accident where excessive speed was a contributing factor. They have the technology for the car to know what the speed limit is on any given road and they could limit the cars to not exceed that speed. They could also make sure no car can exceed 75 MPH as that is the top speed on interstate freeways. Its easy for them to take away rights from law abiding citizens because … We follow the law! Punish the people who use guns, cars, or knives in ways not intended by the manufacturer. Not the Law Abiding Citizen!
Clearly this looks like preemption by federal statute under the Supremacy Clause. Behind that is New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022). In the body of history and tradition of State regulation of arms, where is there any case holding nuisance is a remedy against any of the supply chain people covered by the New Jersey statute?
NJ, acting like civil‑court bandits. They’re running a political‑legal shakedown.
And the gun companies need to stand firm or the whole industry gets carved up.
If the manufacturer produces a product or device is functioning properly – couldn’t you use this legal standard to unjustly punish the manufacturers of weed eaters, lawn mowers, toothpicks, tools, steak knives and automobiles?
Isn’t it the same legal standard? Does the individual user bear any responsibility for abusing these products and devices?
In other words are we going to sue a manufacturer for making steak knives because the their blades are too sharp?
Clearly this looks like preemption by federal statute under the Supremacy Clause. Behind that is New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022). In the body of history and tradition of State regulation of arms, where is there any case holding nuisance is a remedy against any of the supply chain people covered by the New Jersey statute?
The Democrats:
Know there are tens of millions of guns in private hands.
Know the criminals have as many as they want or need.
Know gun violence is symptomatic of many conditions.
Know that most violence will occur with or without guns.
Know that banning guns is essentials to creaking a police state.
What they want is for you not to have guns.
What they want is for them to control guns.
Their current strategy is to ban guns by bankruptcy.
It may work.
So ban guns in the hands of blacks and Hispanics – only. Death and destruction stooped in its tracks.
The law doesn’t discriminate that way. How about requiring an older adult sponsor for young gun owners — who co-signs for criminal and civil liability should the gun be used illegally? That would give police the power to disarm all the gangs, since which older adult would ever agree to be held responsible for a gang member’s use of a firearm? More than one way to skin a cat.
There it is. With any Turley post, it takes less than 30 comments for the typical Turley reader to offer up a racist statement that actually runs counter to numerous freedoms guaranteed by the Constitution. And yet – you chuckleheads call the Dems fascists. Comical…..
typical Turley reader
Weak. One commenter. And an anonymous one. Possibly a false-flag.
That’s just Estovir appealing to real MAGA types with occasional comments that are overtly racist. Like, “Hey, we’re real guys here”.
And you know this, how?
You don’t. You just make shit up. GFY
1:30 racists is actually good numbers among conservatives, considering that 1:3 liberals are (reverse) racists.
It’s embarrassing for conservatives, not at all for liberals.
Cubans are cool (hat tip to Estovir). And some blacks are clean and articulate, as storybook man noted.
Does Japan have a police state? Switzerland? Australia?
I’d be more worried about state control over news and opinion media if we want to prevent a tyrannical autocracy.
We have something in our military and police cultures that would make a dictatorship almost impossible — they swear allegiance to the Constitution — if a wannabe dictator ordered them to violate their Oath, that person would be ignored or worse.
The idea of Americans turning against one another with lethal weapons is diabolical. Those who fantasize about it wouldn’t know how to put out the flames of hatred and suspicion, and lack the cerebral clarity to design a replacement government. In fact, some % of the rebellion would simply refuse to ever holster their weapons, having tasted the power to intimidate and dominate others so easily.
Excuse us! Its about NJ.
Pb, sorry but this is a weak argument. Tyrants don’t care about the oaths they have taken. And the vast majority of gun owners are responsible. Having guns in the hands of millions of responsible citizens is the only real protection we have against tyranny.
#WeAreEstovir
The problem is, lawful gun owners would never do something unlawful like create a civil war Even if that were the only thing to preserve the Union
We should also anticipate even more noise about packing the Supreme Court.
There are nearly 400 Million firearms in private hands. If not one more gun was made there are over 100 years worth of current levels of operational use before that number is cut in half. This won’t disarm the public – it is intended to disarm criminals.
The gun manufacturers sell guns as a solution to whatever problem the buyer might have. Unfortunately this is why criminals get guns; it is to solve their problems. They either buy them directly or they steal them from fools who think that guns will save them from criminals. No amount of guns have stopped burglaries and robberies, ever. For every case where someone claims a gun was used to stop a crime, there are 10,000 other crimes that the flood of guns did nothing.
You know what would not happen? Mass shootings. Drive-by shootings. Killing people in their homes with stray shots.
More than that, to change the concept that guns solve problems. They don’t, as evidenced by the times cops, while holding guns, get killed.
What is essential to creating a police state is surveillance everywhere – which is why cops are backing Flock and Axon. They don’t need guns; they have qualified immunity and electroshock gloves and pepper spray and, more than that, the numbers to go after individuals and make an example out of them by snapping arms, breaking ribs, smashing skulls, breaking necks, and suffocating them to death with pile-ons. And then smiling for the cameras and saying “This is according to the training; nothing done was wrong. They should not have resisted.”
^ Delusional commenter who does not live on earth, but on some other planet where he gets to make up his own facts ^
“Their current strategy is to ban guns by bankruptcy.
It may work.”
Even if that tactic worked (I do not believe it will) that would only prevent the sale of new guns. They would then need to confiscate the ~500 million (NOT “tens of millions”) that are estimated to be in the hands of private citizens. Molṑn labé…
The failings in the law to adequately protect the public appear to be the lack of harsh enforcement by Prosecutors. How many times must we endure watching the News about some career criminal escalate from petty crimes through to aggravated assault, rape, grand theft and finally murder? Here’s a News Flash, the death penalty works. It should be used effectively to prevent this cyclical trend, Live a thugs life, die a thugs death.
First degree murder should mean a quick trip to a dirt nap for cases of irrefutable evidence of the crime. If the perpetrators are crazy, expedite. When a murderer takes an innocent victims life, they no longer deserve empathy, they deserve justice.
“a quick trip to a dirt nap for cases of irrefutable evidence of the crime”
“Irrefutable” is the key word there. There must be no rational (I’m deliberately bypassing use of the word “reasonable”) doubt of the guilt of the defendant to justify applying and administering the death penalty. It is not acceptable to me to have that contingent merely on evidence preponderance and then have some additional evidence (or plausibly recanted witness testimony) cast doubt on the outcome after the defendant has been executed. I do not think that it would be an impossible standard to meet, but it is one that is necessary.
Growing up in Newark many years ago was one of my happiest times. We walked to school, road our bikes, used the water hydrant to cool ourselves in summer, knew the names of the police on patrol, Christmas at Bambergers was a sight to behold. Mayor’s Vilani and Addonizio Republican and Democratic really cared for the community. It all went to hades when the block busting started, now you have a North and South NJ, with the South trying to hold on.
1896?
Ralph Vilani served from 1949 to 1953 and was the last Republican mayor of Newark. Leo Carlin served from 1953 to 1962 and Hugh Addonizio from 1962 to 1970. The last two were Democrats, and every mayor since has been a Democrat of black or Hispanic ethnicity (make of that what you will). I am from a different part of NJ, but I do recall hearing some pretty awful things about Newark under Addonizio. YMMV.
The second amendment is pretty clear; there is nothing confusing about it. It is exhausting that the blue mentality continually, for decades, fails to acknowledge the broader causes of gun violence. To be blunt: these people are stupid.
Dead is dead, doesn’t matter how it happened. Failing guns, there would be knives, and failing that, people will use their bare hands if they have the intent. Maybe look at the intent, geniuses. This is getting really, really, old. The modern dem voter with all of their marginalization and distillation of information is pretty much a fool that is insular enough to not actually authentically care about anyone in a meaningful way. The religious right is similar in their inability to consider the longer ranging consequences of their own ego stroking disguised as charity.
Stop stroking the egos or enacting policy that simply makes one feel better about *yourself* in the face of tragedy, that is not altruism but ego gratification. Enough. The world is indeed bigger than that myopic mentality, and yes, some people should be sequestered from others. Guns are not, and never were, the problem, and that ship sailed when China first brought gunpowder to the world centuries ago.
there is nothing confusing about it. Then why are states always banning them? Even the federal government wanted to ban guns and accessories?
Spot on
Cain killed Abel with a rock. The morons who post as Anonymous, with the exception of the one actual patriot, have no idea of how a firearm functions. It’s frightening the level of stupidity these people display.
every democrat elected official, appointed, hired…that helps illegal invaders or releases a criminal…should be PERSONALLY liable! As it we confisicate their wealth and JAIL THEM!
I can own guns to protect myself, my family, neighbors and country!
I want the Democrats Party Abolished for THEIR 2nd Civil War against America!
I believe EVERY Democrat is Liable for EVERY crime committed by illegals they help?
Democrats are committing TREASON!
@guyventner – 100% + judges who continue to release them into our lives should be held accountable. If the Republicans do anything its go after these rogue judges.
Should? That’s the repression of a very stupid MAGAot.
Believe huh? Gawd, you are a very stupid ignorant moron. Oh, one last thing, what about Trump’s crimes? He’s a republican.
And another, what if you shoot yourself in the head, are dems still to blame.?
Are the gun companies redponsible?
His crimes? lmfao Like the fake felonies that were misdemeanors magically transformed into felonies by Fascist Democraps like LIEtitia James and Fat Alvin Bragg? Maybe you can value Mar-al-Lago at forty-two dollars and fifteen cents, and laugh about it, like Judge Engmoron. Democrap lawfare got Trump reelected, so thanks for your corruption and dishonesty, it bought us another glorious four years of President Trump.