Pennsylvania court strikes down law protecting gun manufacturers from lawsuits
"The appeals court on Monday ruled the PLCAA is unconstitutional because the law overturns "common law dating back centuries" and does not adequately fit under the Constitution's commerce clause, saying "that merely because, at some point in time, that gun passed through interstate commerce, does not give Congress perpetual authority to regulate any harm it may cause."
"The court added: "The only portions of the PLCAA that do not offend the Constitution are its findings and purposes (in Section 7901) and a few definitions (in Section 7903). These provisions have no force on their own. Accordingly, Congress would not have enacted the constitutional provisions of the PLCAA standing alone. The rest of the PLCAA is not severable; the act is unconstitutional in its entirety."
https://www.foxnews.com/politics/pennsylvania-court-strikes-down-law-protecting-gun-manufacturers-from-lawsuits
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About time somebody read the damn thing.
The Magistrate
(96,043 posts)A link would be appreciated.
flamin lib
(14,559 posts)Just fixed it.
The Magistrate
(96,043 posts)I wanted to be sure it was not a Federal court.
I agree with the decision, and applaud the possible results in recourse for people injured by this malicious industry.
I am zealous against narrowing applications of the Commerce Clause, as restricting its reach is a long term goal of 'conservative' figures. The reach of the Commerce Clause, post New Deal, is nearly as important as the 14th Amendment in enabling such national legislation as regulations for business and labor, and much else.
If this line is pursued in a Federal Court, the results could prove explosive.