Regulating litigation under the Protection of Lawful Commerce in Arms Act: economic activity or regulatory nullity?

Albany Law Review,  March, 2007  by Jiang, Jenny Miao

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I. INTRODUCTION

The Protection of Lawful Commerce in Arms Act (PLCAA) limits the types of civil actions that can be brought against firearm manufacturers. (1) In particular, the PLCAA bars plaintiffs from suing firearm manufacturers for the negligent or criminal misuse of guns by third parties. (2) It also requires pending lawsuits involving such misuse to be dismissed. (3) In enacting the PLCAA, Congress relied primarily on its commerce powers. (4) This Article examines whether such reliance is warranted in light of the Supreme Court's modern Commerce Clause jurisprudence.

The ...

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