Pennsylvania Firearm Owners Association
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  1. #1
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    Default PA Appeals Court rules Gun Makers can be sued

    https://thehill.com/regulation/court...protection-law

    A 2005 law protecting firearms manufacturers from civil liability is unconstitutional, a Pennsylvania appeals court ruled in a Monday filing.

  2. #2
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    Default Re: PA Appeals Court rules Gun Makers can be sued

    Gustafson*s parents alleged that the semi-automatic did not have a safety feature preventing it from going off without the clip
    That alone is problematic.

  3. #3
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    Default Re: PA Appeals Court rules Gun Makers can be sued

    #$%%@# #$@%)(*& )(# )(*% @#$%!!!

    And that is all I have to say about this flagrant lawlessness.
    No more signature 'cause it's 2020

  4. #4
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    Default Re: PA Appeals Court rules Gun Makers can be sued

    The Commiecrat way.....Legislating from the bench
    "In 4 TRUMP years or less, you will love how America looks....I GUARANTEE it."

  5. #5
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    Default Re: PA Appeals Court rules Gun Makers can be sued

    OK then, lets start suing all the car, truck, motorcycle, UTV, et al for anything that happens when someone gets injured when in a mishap. How about suing a chainsaw manufacturer if someone injures themselves while using one? This is just stupid and these liberal judges who try to legislate from the bench need to go.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  6. #6
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    Default Re: PA Appeals Court rules Gun Makers can be sued

    Wait.

    They ruled on the 10th amendment.

    A court.

    Remembered.

    The.

    10th.

    Amendment.


    This is fing huge.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  7. #7
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    Default Re: PA Appeals Court rules Gun Makers can be sued

    Quote Originally Posted by 85MikeTPI View Post
    https://thehill.com/regulation/court...protection-law

    A 2005 law protecting firearms manufacturers from civil liability is unconstitutional, a Pennsylvania appeals court ruled in a Monday filing.


    Pennsylvania appeals court rules gun industry protection law unconstitutional

    By Zack Budryk
    September 29, 2020 - 08:03 AM EDT
    Pennsylvania appeals court rules gun industry protection law unconstitutional
    A 2005 law protecting firearms manufacturers from civil liability is unconstitutional, a Pennsylvania appeals court ruled in a Monday filing.

    A three-judge panel Monday ruled the Protection of Lawful Commerce in Arms Act (PLCAA) of 2005 violates the 10th Amendment, which states that all powers not specifically delegated to the federal government are the responsibility of states.

    The 2005 law says companies shall not be held legally liable for harm caused by those who "criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended."

    After a Pennsylvania 14-year-old accidentally shot and killed his friend J.R. Gustafson in 2016, Gustafson*s parents sued both the gun manufacturer and the retailer where it was purchased. Gustafson*s parents alleged that the semi-automatic did not have a safety feature preventing it from going off without the clip. This, they argued, made the gun defective and both Springfield Armory and Saloom Department Store liable for their son*s death.

    In a 63-page ruling, the panel wrote that *the only portions of the PLCAA that do not offend the Constitution are its findings and purposes ... and a few definitions,* according to CNN.

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    The court also rejected the defense of the law as part of the federal government*s power to govern interstate commerce. A gun being sold across state lines at some point *does not give Congress perpetual authority to regulate any harm it may cause," he wrote.

    The court rejected a Westmoreland County trial judge*s dismissal of the lawsuit, which cited the PLCAA. The case will return to the trial court as a result of the ruling.

    "In finding that PLCAA is unconstitutional in its entirety, the Superior Court of Pennsylvania properly recognizes that states have the authority to hold negligent gun makers accountable in court, and to ensure that all victims have the right to seek civil justice against wrongdoers who cause them harm," Jonathan Lowy, the Gustafsons* lead attorney, said in a statement. Lowy is also vice president of the pro-gun control Brady Campaign.
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  8. #8
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    Default Re: PA Appeals Court rules Gun Makers can be sued

    What is interesting is that a state court found the federal law unconstitutional.


    Wonder what other federal laws we can find unconstitutional in Pennsylvania....
    "Cives Arma Ferant"

    "I know I'm not James Bond, that's why I don't keep a loaded gun under the pillow, or bang Russian spies on a regular basis." - GunLawyer001

  9. #9
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    Default Re: PA Appeals Court rules Gun Makers can be sued

    Quote Originally Posted by Mango View Post
    That alone is problematic.
    The should have had a phoenix hp22. It has 2 of those urban sounding clip safeties.

  10. #10
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    Default Re: PA Appeals Court rules Gun Makers can be sued

    It would seem the 14yr old that was possession of the firearm is responsible for the death. Why aren't the parents suing him?
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

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