Public nuisance laws as a Trojan Horse against guns
A consumer protection group sent a letter to GOP governors. They warned of actions, by progressive anti-gun activists, to attempt a backdoor against gun ownership. They noted that Republican victories at the state legislature level makes it harder for these groups to use the legislative process against gun rights. To make up for the shortfall, these groups may turn to the judicial system to accomplish their objectives.
From Fox News:
Public nuisance laws vary from state to state. Historically, they have been used to protect consumers and the public against things like polluted waterways or hazardous public spaces.
However, Skinner said “activists have found a way to use the court system as a weapon to force companies and consumers to comply with a progressive worldview without legislative oversight or public scrutiny.”
“If you hear someone say ‘we should bring a nuisance case,’ that is a Trojan horse to accomplish something that you probably don’t agree with.” Skinner said in an interview with Fox News Digital.
Skinner claims that “the true goal of most nuisance suits over things like plastics, fossil fuels, or firearms is seemingly to remove products and services from in the market that do not align with the progressive agenda.”
Skinner said progressive trial lawyers will try to make the case that just as fossil fuels and plastics are bad for the environment that is shared by the public, guns can also cause public harm, and therefore, courts should curb their use because of this “public nuisance.”
Once example of this already taking place, Skinner noted, is a case from 2022 brought by a leading personal injury law firm — Napoli Shkolnik– that filed public nuisance suits on behalf of New York cities Buffalo and Rochester.
According to Skinner, that suit claimed that major American firearms manufacturers’ work to design, produce, market and sell has “created, contributed to, and maintained the public nuisance of unlawful possession, transportation and disposition of firearms, and the utilization of guns in the commission of an offense.”
Fox News has additional details.
Category: Second Amendment, Society
Let’s do it. I say we start by banning all guns in Jackson, MS (where guns are more a nuisance than anywhere else in the US). The judge issues a court order that allows the plaintiffs to seize guns wherever they are found, except for from legal gun stores.
The plaintiffs then present the court order to people and takes their guns for disposal. Checkmate. Just make sure the whole thing is live streamed so that everyone can share in the victory.
Stream it on pay-per-view. That’s a serious moneymaker. Emmy award possibilities.
It’s too bad that “loser pays” isn’t built into the US judicial system. That would stop many of these nuisance lawsuits, and make many others hesitate.
The war against tyranny never ceases, for tyrants will continue to seek to impose their will on others by any and all means.
Too bad, as Tox observes, we don’t have a “loser pays” provision.
I’d also advocate for a “tyrant hangs” provision. Public hangings of these lawyers would certainly make a profitable pay-per-view.
Anyone that approaches the jewel of liberty is a supranuisance to the public, and I advocate the same remedies as the fine folks here and throughout our history.
IMHO progressives and liberals are a public nuisance. Can we pass a law against them?
Probably do as well as laws against murder.
We can’t, but the legislature can. Oh course the courts will likely rule the law unconstitutional as soon as someone tries to enforce it on some bullshit civil rights grounds. It would cost millions and and take years to work through the courts.
They would never try to do that with guns though.
Fast approaching the point where laws are meaningless…
Prohibition gave us the roaring 20s, will Brandon give us the rifled 20s?
They have to start chipping away at the Second Amendment a little bit more aggressively.
There’s just too many gun owners in this country that would be a problem for a tyrannical government takeover. It’s the one failsafe that we have here over everyone else.