November 20, 2025

NSSF Appeals to Fourth Circuit to Block Maryland Anti-PLCAA Law

WASHINGTON, D.C. — NSSF^®, The Firearm Industry Trade Association, appealed to the U.S. Court of Appeals for the Fourth Circuit following the U.S. District Court of Maryland’s decision dismissing NSSF’s lawsuit challenging Maryland’s law that intended to circumvent the Protection of Lawful Commerce in Arms Act (PLCAA).

The PLCAA prohibits frivolous lawsuits against members of the firearm industry for the criminal misuse of lawfully sold legal firearms by remote third parties.

“The PLCAA prohibits the type of laws that allow frivolous lawsuits brought by Maryland Attorney General Anthony Brown seeking to hold industry members liable for the criminal acts of third parties,” explained Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “The law gives Attorney General Brown license to target perfectly legal commerce. As a result, it not only seeks to impose a gun control agenda through litigation that not only runs afoul of the PLCAA, but it also violates the First Amendment by limiting protected commercial free speech, the Commerce Clause, Due Process and the Second Amendment.”

Maryland’s Gun Industry Accountability Act is part of a coordinated effort by antigun state legislatures, their attorneys general and gun control special interest groups to engage in lawfare against the firearm industry as an “end run” around the bipartisan PLCAA which Congress passed in 2005.

In enacting the PLCAA, Congress explained it was because antigun politicians were using the courts to “attempt to circumvent the Legislative branch of government” and “expand civil liability in a manner never contemplated by the framers of the Constitution.” Recently, antigun states began a new lawfare tactic by enacting laws codifying vague “reasonableness” standards to hold law-abiding firearm industry members liable for harms caused by criminals who misuse their lawfully sold legal products.

Recognizing AG Brown will wield House Bill 947 to sue industry members for their lawful commerce and the grave danger the law’s unconstitutionally vague “reasonableness” standard for creating or contributing to a “public nuisance” poses to lawful commerce, NSSF filed this lawsuit on behalf of its over 10,000 members. A wide variety of NSSF members – including manufacturers, distributors and retailers – filed declarations in support of NSSF’s motion for a preliminary injunction because of concerns they face liability under House Bill 947’s vague and subjective requirement to “establish and implement reasonable controls” to prevent criminals from misusing their products.

The district court concluded that NSSF had standing to challenge the law on behalf of its members based on AG Brown’s enforcement action against NSSF-member GLOCK, Inc. However, it then concluded that the court should abstain from further proceedings and dismiss the case without prejudice because it was concerned that entering any relief for NSSF would constitute interference in the state court action AG Brown brought against GLOCK, Inc. NSSF is now appealing that dismissal.

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About NSSF
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org.

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Media contact:
Mark Oliva
202-220-1340

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