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by srothstein
Tue Sep 29, 2020 10:50 pm
Forum: Gun and/or Self-Defense Related Political Issues
Topic: PLCAA Ruled Unconstitutional
Replies: 1
Views: 2596

Re: PLCAA Ruled Unconstitutional

thatguyoverthere wrote: Tue Sep 29, 2020 2:49 pmThis will probably amount to nothing in the long run. But it will cost someone a lot of time and money to insure that.
https://www.foxnews.com/politics/pennsy ... m-lawsuits
From the article:

The appeals court on Monday ruled the PLCAA is unconstitutional because the law overturns "common law dating back centuries" and does not adequately fit under the Constitution's commerce clause, saying "that merely because, at some point in time, that gun passed through interstate commerce, does not give Congress perpetual authority to regulate any harm it may cause."

I am fairly certain that this will be overturned, if only because it doesn't follow the precedent of Wickard v. Fillburn. Full disclosure says I should point out I disagree with Wickard. I actually think this logic is correct, that the interstate commerce clause only applies to the actual transactions crossing state lines.

But if this case stands, it is a very interesting concept for our current courts. It makes all those Tenth Amendment laws that say guns made in this state and never having left the state valid. It makes things like the ACA invalid since they NEVER covered interstate commerce at all. Overall, I think this case is the way the courts should go in the future. It hurts us in one area, but benefits us in so many more.

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