•   
  •   
  •   

US After a child's accidental shooting death, Pennsylvania appeals court rules federal gun industry protection law unconstitutional

12:40  29 september  2020
12:40  29 september  2020 Source:   cnn.com

Is 8 enough? Court vacancy could roil possible election case

  Is 8 enough? Court vacancy could roil possible election case WASHINGTON (AP) — Justice Ruth Bader Ginsburg's death has left the Supreme Court shorthanded during a polarizing presidential campaign in which President Donald Trump has already suggested he may not accept the outcome and the court could be called on to step in and decide the fate of the nation. It's the second time in four years that a justice has died during an election year, though that eight-justice court was not asked to referee any election disputes in 2016. Today, both sides have armies of lawyers ready to take the outcome to court.

A federal judge in Pittsburgh has ruled that Pennsylvania Governor Tom Wolf was arbitrary and overreaching in his Covid-19 orders shutting Levine told reporters Monday afternoon that the state’ s lawyers are looking closely at today’ s court ruling , so no decisions have been made about possible

A federal appeals court rules that the Affordable Care Act' s individual mandate provision is unconstitutional but punts on deciding whether the rest of the landmark health-care law should be tossed out. The court is ordering a lower court judge to reconsider whether ACA, more commonly

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.

a person wearing a hat and glasses: J.R. Gustafson, who was killed in March 2016 after his 14-year-old friend unintentionally shot him with a semi-automatic handgun that he believed was unloaded. © Brady United J.R. Gustafson, who was killed in March 2016 after his 14-year-old friend unintentionally shot him with a semi-automatic handgun that he believed was unloaded.

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.

Fact check: Viral posts falsely claim Ruth Bader Ginsburg had already died

  Fact check: Viral posts falsely claim Ruth Bader Ginsburg had already died Supreme Court Justice Ruth Bader Ginsburg died Sept. 18, but some viral posts falsely claim she died up to 2 years ago.Ruth Bader Ginsburg reflects on being 'notorious' in first appearance since cancer treatment

Provision authorizing federal courts , in suits for forfeitures under revenue and custom laws , to require production of documents, with allegations expected to be proved therein to be taken as proved on failure to produce such documents, was held to violate of the Search and Seizure Clause of the

Gun laws in the United States regulate the sale, possession, and use of firearms and ammunition. State laws (and the laws of the District of Columbia and of the U. S . territories) vary considerably, and are independent of existing federal firearms laws

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.

Supreme Court is shorthanded but could play key role in election

  Supreme Court is shorthanded but could play key role in election The death of Justice Ruth Bader Ginsburg adds a new layer of intrigue to a pandemic-infused election that's been challenged from Alabama to Wisconsin.On SCOTUS ‘all Democrats can do is plan retaliation’ expert says

The enactment of laws relating to gun permits is mostly left up to each individual state. Federal law does not mandate that a person must carry a firearm and nor does it deny them the right to carry. There are also no rules under Federal law for concealed carry firearms permits or licenses for US citizens.

Federal Court Rules Pennsylvania ' s Lockdown Order Unconstitutional . Population-wide lockdown orders are "such a dramatic inversion of the concept of liberty in a free society as to be nearly presumptively unconstitutional " wrote U. S . District Judge William Stickman IV.

The 63-page decision also took issue with arguments that the law falls under Congress' power to regulate interstate commerce.

"We hold 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," Seletyn wrote.

The case that took this to court

The decision came down as part of a case against gun manufacturer Springfield Armory, Inc. and firearms store Saloom Department Store. In March 2016, a 14-year-old unintentionally shot and killed his friend J.R. Gustafson in Westmoreland County, Pennsylvania, with a semiautomatic handgun that he believed was unloaded.

Gustafson's parents sued both Springfield Armory and Saloom Department Store, asserting that they "were negligent and strictly liable for manufacturing and/or selling the defective handgun that caused their son's death," court documents state, alleging the gun's design was defective because it lacked a safety feature "to disable it from firing without the clip attached."

Fact check: Ruth Bader Ginsburg had 'mixed' record on tribal law, Native American sovereignty

  Fact check: Ruth Bader Ginsburg had 'mixed' record on tribal law, Native American sovereignty A post on Instagram claims Ruth Bader Ginsburg was "anti-Indian." That claim is missing context.Near miss renews call for Houston storm barrier

All Federal government gun and ammunition laws should be nullified, ignored and rendered toothless by the people of the States. RELATED: The Sugar Coated Tyranny of Obama’ s Unconstitutional Gun Orders.

The Federal Rules of Appellate Procedure govern an appeal from a district judge' s order or a judgment of conviction or sentence. Providing this advice at the initial appearance is designed, not to relieve law enforcement officers of that responsibility, but to provide additional assurance that U. S

In January, a trial judge in Westmoreland County dismissed the lawsuit after ruling that the PLCAA gave immunity to both the gun manufacturer and firearms store.

The Gustafsons appealed. Following Monday's court decision, the case will be sent back to the trial court.

CNN has reached out to attorneys for Springfield Armory, Inc. and Saloom Department Store for comment on Monday's court decision. They previously attempted to have the case thrown out and argued the PLCAA protected them from being held civilly liable for the child's death, court documents show.

Lead attorney calls decision a win for Gustafson's parents

The Gustafsons' lead attorney, Jonathan Lowy, is also Vice President of the Brady Campaign, a nonprofit organization that advocates for gun control and against gun violence.

Lowy called Monday's decision a "win for the parents of J.R. Gustafson and other victims of gun industry negligence and misconduct, who will now have their day in court."

"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," Lowy said in a statement.

In a news release Monday, the Brady Campaign said the Pennsylvania superior court is the first appeals court to hold PLCAA unconstitutional in its entirety.

"This access-to-justice victory for gun violence victims shows why it matters who sits on our nation's court," Brady Campaign President Kris Brown said in a statement.

The next court date for the case has been scheduled for October 28, online court records show.

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.

usr: 3
This is interesting!