The Congress can regulate guns within limits that do not violate 2nd amendment rights.
Probably you knew that. So act like you do.
Next you’ll be telling us water is wet.
The Congress can regulate guns within limits that do not violate 2nd amendment rights.
Probably you knew that. So act like you do.
Next you’ll be telling us water is wet.
It seems this lawsuit is unique though because they are claiming Remington broke state marketing laws, and that isn't covered by the PLCAA.
We'll see what happens. If anything comes out of this lawsuit, it will probably just change the way firearm manufacturers advertise their products.
You're right. I didn't word that very well. I meant that gun manufacturers aren't covered by the PLCAA against lawsuits whenever they break marketing laws. That's one of the few exceptions the law provides.Ahhh, sorta.
The federal law actually has a provision expressly allowing claims of liability if marketed in some way that contributes to resulting harm, and the defendants went down that road. The court did not conclude that remington had done that, only that the federal statute did not- on its face- exclude the ability to make that claim and that it could then be determined in court. Versus a summary dismissal without trial or hearing.
Your conclusion is still valid though. It would result in a change in how the guns are marketed, not whether they can be sold at all. Other cases may try for that, but that issue is not before the court in this case.