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PA – COURTS – After a child’s accidental shooting death, Pennsylvania appeals court rules federal gun industry protection law unconstitutional

A Pennsylvania state appeals court has decided that the Protection of Lawful Commerce in Arms Act of 2005 is unconstitutional, court documents filed on Monday show. The PLCAA is a federal law that prohibits civil lawsuits from being brought against gun manufacturers and distributors as a result of misuse of their products by others. The law says businesses should not “be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended.” But the PLCAA violates the 10th Amendment, Pennsylvania Superior Court Prothonotary Joseph D. Seletyn said, which guarantees states’ rights — essentially stating that matters which are not delegated to the federal government by the US Constitution and are not Constitutionally prohibited, fall under the authority of the state government. “The only portions of the PLCAA that do not offend the Constitution are its findings and purposes … and a few definitions,” Seletyn wrote. The 63-page decision also took issue with arguments that the law falls under Congress’ power to regulate interstate commerce.  [full article]

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