PLCAA Ruled Unconstitutional

[thatguyoverthere]

The federal Protection of Lawful Commerce in Arms Act (PLCAA) was ruled unconstitutional by a Pennsylvania appeals court yesterday.

The PLCAA is the federal law that prevents civil lawsuits from being brought against gun manufacturers in an attempt to hold those manufacturers responsible when guns are used by a person in an unlawful manner (in a murder, for example).

From the article:

The decision is almost certain to be appealed and will not apply nationwide as the decision was handed down by a Pennsylvania state court.

The lawsuit was backed by the pro-gun control group Brady United and follows a pattern of such groups trying to sue gunmakers in state courts rather than federal courts.

Deep pockets and uncertain political times. This will probably amount to nothing in the long run. But it will cost someone a lot of time and money to insure that. Continue to be diligent, my friends.

https://www.foxnews.com/politics/pennsy ... m-lawsuits

[srothstein]

This will probably amount to nothing in the long run. But it will cost someone a lot of time and money to insure that.
https://www.foxnews.com/politics/pennsy ... m-lawsuits

From the article:

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."

I am fairly certain that this will be overturned, if only because it doesn't follow the precedent of Wickard v. Fillburn. Full disclosure says I should point out I disagree with Wickard. I actually think this logic is correct, that the interstate commerce clause only applies to the actual transactions crossing state lines.

But if this case stands, it is a very interesting concept for our current courts. It makes all those Tenth Amendment laws that say guns made in this state and never having left the state valid. It makes things like the ACA invalid since they NEVER covered interstate commerce at all. Overall, I think this case is the way the courts should go in the future. It hurts us in one area, but benefits us in so many more.