NSSF Hires Clement & Murphy in Challenge to New York’s Firearms Manufacturer ‘Nuisance’ Law

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This artist sketch depicts Paul Clement standing while arguing before the Supreme Court, in New York State Rifle & Pistol Association v. Bruen, Wednesday, Nov. 3, 2021, in Washington. (Dana Verkouteren via AP)

From the National Shooting Sports Foundation . . .

NSSF, The Firearm Industry Trade Association, is announcing it has retained Paul Clement and Erin Murphy of Clement & Murphy, PLLC, to represent NSSF in its appeal to the U.S. Court of Appeals for the Second Circuit in its lawsuit, NSSF et al v. James.

The lawsuit challenges New York State’s unlawful public nuisance statute, which is designed to impose New York-style gun control on the lawful sale of firearms and ammunition products by permitting lawsuits against members of the industry for the criminal misuse of firearms that find their way into New York even when the sale occurred wholly outside the State of New York and in compliance with all applicable federal and the state laws where it took place.

Paul Clement and Erin Murphy recently formed their own law firm after their prior firm, Kirkland & Ellis, abruptly announced it would, “no longer represent clients with respect to matters involving the interpretation of the Second Amendment.”

That announcement came just days after Clement and Murphy won the landmark U.S. Supreme Court case of New York State Rifle & Pistol Association v. Bruen in which the court held the Second Amendment protects the right of law-abiding Americans to carry a firearm in public for self-protection.

Rather than abandon their clients in the midst of ongoing representations, Clement and Murphy continue to stand by their principles and defend their clients’ fundamental Constitutional rights.

They wrote in the Wall Street Journal, “The American legal profession’s willingness to take on and stand by controversial clients has made our system of justice the envy of the world. The profession shouldn’t back down from its willingness to tackle the most divisive issues. We certainly won’t.”

“NSSF is proud to be represented by such accomplished and skilled appellate lawyers who clearly demonstrate the depth of character so badly needed in today’s legal system,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Both Clement and Murphy demonstrated bold and decisive resolve to stand with their clients instead of abandoning them at the behest of their previous firm. They have a sterling professional legal reputation that is solidly matched with their fidelity to their clients. NSSF and our industry co-plaintiffs are in the very capable hands of the nation’s premier appellate law firm of Clement & Murphy, PLLC.”

Clement served as U.S. solicitor general during the President George W. Bush administration from 2004-2008. Murphy is an accomplished appellate lawyer who has argued several cases before the Supreme Court.



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