After being charged with homicide for the incident, the child at the center of the case eventually pleaded delinquent to involuntary manslaughter. (Photo: Daniel Acker/Bloomberg)
A Pennsylvania appeals court has ruled that the federal statute limiting civil liability for the gun industry is "repugnant to the Constitution of the United States." In a sweeping decision, the court's ruling holds that the Protection of Lawful Commerce in Arms Act cannot be enforced, allowing the family of a teen killed in an accidental shooting to sue companies involved in the manufacture and sale of the gun.
A unanimous three-judge panel of the Pennsylvania Superior Court on Monday said the federal law, which all but eliminates liability claims for the gun industry, violates principles of federalism outlined in the 10th Amendment and that the U.S. Congress had no authority under the Commerce Clause to enact the law.
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Max Mitchell
Max Mitchell is ALM's Regional Managing Editor for The Legal Intelligencer, New Jersey Law Journal, Delaware Business Court Insider and Delaware Law Weekly. Follow him on Twitter @MMitchellTLI. His email is [email protected].
