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Politics Pennsylvania appeals court rules gun industry protection law unconstitutional

16:11  29 september  2020
16:11  29 september  2020 Source:   thehill.com

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Gun laws in Pennsylvania regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Pennsylvania in the United States. Act 192 of 2014 allowed gun owners and firearm advocacy groups to file suit against local municipalities for their gun control ordinances.

Under Pennsylvania gun control laws , a person can "open carry" a gun , such as wearing it in a holster, without a license (except in Philadelphia). Have been convicted of a violent crime (felony or misdemeanor); Are an undocumented immigrant; Are declared mentally ill by the court

a close up of a wooden table: Pennsylvania appeals court rules gun industry protection law unconstitutional © The Hill 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.

Pennsylvania Superior Court Prothonotary Joseph D. Seletyn on Monday ruled the Protection of Lawful Commerce in Arms Act of 2005 violates the 10th Amendment, which states that all powers not specifically delegated to the federal government are the responsibility of states.

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HARRISBURG, Pa . — The Pennsylvania Supreme Court struck down the state's congressional map Monday, granting a major victory to Democrats who charged that the 18 districts were unconstitutionally gerrymandered to benefit Republicans. In a 4-3 decision, the

The law of Pennsylvania consists of several levels, including constitutional, statutory, regulatory and case law . The Pennsylvania Consolidated Statutes form the general statutory law . The Constitution of Pennsylvania is the foremost source of state law .

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 semiautomatic 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.

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For federal gun laws , see Gun law in the United States. Possession of automatic weapons or short-barreled shotguns or rifles prohibited without DOJ "Dangerous Weapons Permit"; permission rarely granted outside of film industry . California courts have ruled that large-capacity magazines (LCM)

Home Gun Laws By State Illinois Gun Laws . Federal Court of Appeal rules in Moore v. Madigan that the Illinois ban on concealed carry is unconstitutional . A common argument for buying a firearm is protection against an immediate threat.

In his 63-page ruling, Seletyn 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.

He 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.

Seletyn 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 Seletyn's 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.

Fact check: No guarantee Obama would've replaced Ginsburg with a progressive justice .
The claim that Barack Obama would've replaced Ruth Bader Ginsburg with a progressive justice is lacking context.A progressive Supreme Court justice could have been confirmed by the Senate if Justice Ruth Bader Ginsburg had retired under President Barack Obama, the social media post claims.

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