What is troubling is that PLCAA was written and intended to be a species of “qualified immunity” for protecting citizens exercising their Second Amendments rights and to specifically protect those who supply the means of exercising that right. Now of course qualified immunity is a judge made defense for police and other government officials that is made up out of whole cloth. Whereas the Second Amendment is an enumerated right and the PLCAA is COTUS exercising one of their Article I powers.
This case bears watching. Don Kilmer From: [email protected] [mailto:[email protected]] On Behalf Of Volokh, Eugene Sent: Monday, February 22, 2016 4:44 PM To: List Firearms Reg Subject: RE: Sandy Hook parents suit against Remington Same reason that, for instance, state libel lawsuits stay in state court even when there’s a federal First Amendment defense. “[I]t is now settled law that a case may not be removed to federal court on the basis of a federal defense, including the defense of pre-emption, even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue.” Caterpillar, Inc. v. Williams (1987), https://scholar.google.com/scholar_case?case=1945964317752725102 Eugene From: [email protected] [mailto:[email protected]] On Behalf Of Olson, . Sent: Monday, February 22, 2016 4:34 PM To: Henry Schaffer <[email protected]> Cc: List Firearms Reg <[email protected]> Subject: Re: Sandy Hook parents suit against Remington The coverage and meaning of the PLCA is a FEDERAL question. What is it doing in state court? On Feb 22, 2016 18:19, "Henry Schaffer" <[email protected]> wrote: http://www.npr.org/sections/thetwo-way/2016/02/22/467688334/ar-15-gun-maker-seeks-to-dismiss-lawsuit-filed-by-sandy-hook-parents All I know is that I heard this item today - and the emphasis was on how the *style* of the rifle indicated that Remington shouldn't have manufactured it for sale into the civilian market and therefore that the 2005 Protection of Lawful Commerce and Arms Act shouldn't apply. I read a number of the comments and again the style was frequently mentioned. The above has links to a number of news sources, I didn't see any to court documents. --henry schaffer _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
_______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
