This case presents two topics I definitely believe in squarely against one another.

https://reason.com/2022/08/19/a-case-tha...ederalism/

Relevant background: 2005 Shrub "signed into law the Protection of Lawful Commerce in Arms Act (PLCAA), a statute designed to protect gun makers, dealers, distributors, and importers from being sued "for the harm caused by the misuse of firearms by third parties, including criminals.""

Pennsylvania state case, where a kid accidentally killed his friend, thinking the semi-auto was unloaded because the magazine had been removed. There was 'one in the chamber'.

Dead child's family sues, and the Penn appellate court had to face the PLCAA, and found it unconstitutional -- citing that tort law is the province of the states themselves.

Edited to add specifically -- the family sued the gun manufacturer.

This still has to go to the Penn Supreme Court, and almost certainly land in Federal court. The wild thing is how this will shift positions of 'political' views.

Anti-gun activists will now be clamoring for stronger 10th Amendment considerations more typically voiced by conservatives and libertarians. All the while gun rights supporters will be supporting less 10th Amendment interaction more typically voiced by progressives.

According to the article, the defendant is the gun manufacturer, but the article doesn’t say who that was. Who is it, and what is their presence in PA?

(08-19-2022 02:46 PM)Frizzy Owl Wrote:  According to the article, the defendant is the gun manufacturer, but the article doesn’t say who that was. Who is it, and what is their presence in PA?

Debating how much of a smartass answer I can get away with ---

The cause of action is entitled Gustafson v. Springfield, Inc. per the article

I would hazard a guess the family is not named Springfield, Inc.

Are you now asking the Con Law 101 question on personal jurisdiction? Springfield sells literally millions of firearms per year across the nation. I would expect some of them a directed specifically into Pennsylvania.

I mistook your opening post for an invitation to have a discussion. My apologies, and I’ll leave you to it.

(08-19-2022 05:15 PM)Frizzy Owl Wrote:  I mistook your opening post for an invitation to have a discussion. My apologies, and I’ll leave you to it.

I would love to hear your points in discussion. The company is Springfield and they sell a lot of guns -- most likely a lot of guns into Pennsylvania as well.

The company was denoted in the cause of action, and I thought the (winky) emoji would suffice as being a note of the comment not being attacking.

The PLCAA has always bothered me... not because it is wrong, but because it SHOULD be unnecessary. I HATE laws that have to codify common sense

close enough...

another example of...well, you know what I'm sayin'....



VIDEO: Man tries to rob hotel clerk at gunpoint, she pulls gun on him instead