Court Opens Door for Holding Reckless Gun Manufacturers to Account, Part 1
In a recent en banc opinion, a majority of the Pennsylvania Superior Court struck down the PLCAA as an overreach of Congress' enumerated powers. The Superior Court's opinion in Gustafson v. Springfield, was surprising, but the correct result.
December 08, 2022 at 11:36 AM
10 minute read
LitigationIn 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), a controversial federal law that, with some limited exceptions, immunized gun manufacturers and sellers from many state tort claims involving the misuse of firearms. In retrospect, and by most objective measures, the PLCAA proved to be terrible federal legislation. The law encouraged reckless and illegal trafficking of guns across the country and around the world, ensuring that domestic and international criminal actors continue to have shockingly easy access to lethal American made weapons. The cost of this legislation has been substantial, as reflected in frequent headlines of death and mass violence, often traced back to unregulated sales and distribution of dangerous weapons. Balanced against these tragic costs, the PLCAA offers no genuine societal benefit. Indeed, the legislation is an arbitrary exercise of federal tort reform, unapologetically protecting gun manufacturers and sellers from responsibility for negligent and reckless conduct. But the PLCAA is not just bad legislation, it is also a gross overreach of Congress' constitutional authority and a blatant infringement upon state sovereignty.
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