I appreciate that, but such federal immunities are often used in
state court – see, e.g., 47 U.S.C. sec. 230, which provides Internet service
providers with such immunity from liability (as a means of protecting free
speech values), but doesn’t allow removal to federal court. Congress can, I
think, provide that state cases can be removed to federal court in some
situations (I think there are some civil rights law examples, even as to
criminal prosecutions, though they are rare). But Congress did not so provide
as to the PLCAA.
Eugene
From: Don Kilmer [mailto:[email protected]]
Sent: Monday, February 22, 2016 5:21 PM
To: Volokh, Eugene <[email protected]>; 'List Firearms Reg'
<[email protected]>
Subject: RE: Sandy Hook parents suit against Remington
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]>
[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]>
[mailto:[email protected]] On Behalf Of Olson, .
Sent: Monday, February 22, 2016 4:34 PM
To: Henry Schaffer <[email protected]<mailto:[email protected]>>
Cc: List Firearms Reg
<[email protected]<mailto:[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]<mailto:[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
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