PA Appeals court finds Protection of Lawful Commerce in Arms Act unconstitutiona

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    danb

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    A 2005 law protecting firearms manufacturers from civil liability is unconstitutional, a Pennsylvania appeals court ruled in a Monday filing.

    Pennsylvania Superior Court Prothonotary Joseph D. Seletyn on Monday ruled the Protection of Lawful Commerce in Arms Act of 2005 violates the 10th Amendment, which states that all powers not specifically delegated to the federal government are the responsibility of states.
    Click to expand...

    https://thehill.com/regulation/cour...peals-court-rules-gun-industry-protection-law


    The Gustafsons' lead attorney, Jonathan Lowy, is also Vice President of the Brady Campaign, a nonprofit organization that advocates for gun control and against gun violence.
    Click to expand...
    https://www.cnn.com/2020/09/29/us/p...ry-protection-law-unconstitutional/index.html

    If someone has the opinion please post it.

    opinion is here: https://wwwsecure.pacourts.us/sites...rior+Court'+AND+@publication=='Precedential')
     
    Jake4U

    Jake4U

    Now with 67% more FJB
    Sep 1, 2018
    1,161
    Any manufacturer still producing firearms in an anti gun state is foolish beyond measure.
     
    M

    mdbassplayer

    Member
    Feb 1, 2017
    54
    I wonder when people are going to start suing auto and beverage manufacturers when a drunk driver kills someone?
     
    1

    135sohc

    Ultimate Member
    Oct 27, 2013
    1,158
    mdbassplayer said:
    I wonder when people are going to start suing auto and beverage manufacturers when a drunk driver kills someone?
    Click to expand...

    Don't stop there.. everyone else is always at fault, It is the democrat way after all :party29:


    I am personally convinced the fork, spoon and knife makers are responsible for people fattening themselves up. :rolleyes: They need to be sued into oblivion!
     
    L

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,726
    85MikeTPI said:
    I don't think this limits to mfg producing in a state, but any mfg selling within that state. PA is hardly anti-gun.... yet
    Click to expand...

    Don't worry, I am sure they'll just get around that by still going after them because of a secondary sale. Or when someone moves and takes a firearm.

    Point to a DEFECT. Was the firearm dropped and discharged striking someone. I could see a possible argument there that it was defective.

    No magazine cutoff safety and the dumb parents left a F-ing loaded gun where their dumb teenager shot someone with it being dumb with a gun. That's not a design flaw. That's a self inflicted tragedy.

    I understand this doesn't mean "they've won", but the fact that this is straight forward common sense does not mean that the lawsuit should be able to proceed and reach that same conclusion.

    Heck, a magazine cutoff is not a standard feature of firearms. So I don't see how you could even construe a legal argument that the RETAILER could have been negligent in selling a firearm without such a feature.

    Sorry. Angry right now over reading this moronic, stupid...

    *deep breaths*
     
    A

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,148
    Anne Arundel County
    AssMan

    AssMan

    Meh...
    MDS Supporter
    Jan 27, 2011
    16,414
    Somewhere on the James River, VA
    Not a lawyer or aviation historian...but isn't this the same protection was extended to general aviation manufacturers back in the 1980s? What other industries exist because of these protections?
     
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