12-12-2021, 03:33 PM
(12-12-2021, 02:01 PM)Sociopathicsteelerfan Wrote: There's a slight flaw in Governor Gordon Gecko's plan. It is not permissible, by federal law, to sue firearms manufacturers for the misuse of their product. As preemption prohibits state law from superseding federal law this will get nuked from orbit once it's signed into law. It won't even sniff the SCOTUS unless a 9th Circuit judge utterly ignores the law.
I don't think that is a flaw, here. It isn't allowing for suits based on misuse. This is saying that if you make, sell, or otherwise distribute a firearm the state doesn't want in their state, then another citizen can sue you for that. This would create a civil statute and isn'tabout liability in a criminal act, which means it wouldn't trigger PLCAA at all.
"A great democracy has got to be progressive, or it will soon cease to be either great or a democracy..." - TR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
"The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." - FDR
