PLCAA Unconstitutional

Discussion in 'In the News' started by Nemo, Sep 29, 2020.

  1. Nemo

    Nemo Man of Myth and Legend

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    Per PA appellate court.

    Nemo

    https://www.foxnews.com/politics/pe...aw-protecting-gun-manufacturers-from-lawsuits

     
  2. Phil1979

    Phil1979 Member Georgia Carry

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    States lack the authority to strike down Federal laws.
     

  3. jrm

    jrm Sledgehammer

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    Actually, they do have that authority. It is, of course, subject to review by SCOTUS.
     
    Phil1979 likes this.
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    https://www.law.cornell.edu/uscode/text/15/7901

    Does this 2005 act of Congress actually invoke the Second Amendment as one of its bases for federal authority in this area?
    They (Congress) briefly mentioned the 2nd Amendment,
    but they spend more time talking about the commerce clause. I would consider the protection of lawful commerce in arms act to be "enabling legislation" that is implicitly, but clearly, authorized by the 2A itself.
     
  5. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    If (IF) a conservative, Original Intent judge ruled that the commerce clause does not extend so far as to let Congress have general lawmaking power concerning any products that "move in" interstate commerce,
    ...and the Commerce Clause doesn't make it a federal question regarding how the products may or may not be made, sold, and used...


    ...Nor does the c.c. let the feds change long-standing doctrines of civil liability in tort...

    THEN I wouldn't complain, especially if this ruling were part of a larger scheme of rolling back the scope of the commerce clause on many issues.
     
  6. moe mensale

    moe mensale Well-Known Member

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    And this will end up at the Supreme Court.