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PLCAA’s Constitutionality: Gustafson v. Springfield

Posted by on August 25, 2021

Yesterday, the Pennsylvania Superior Court sitting en banc heard oral arguments in Gustafson v. Springfield Inc., et al. This is a rehearing en banc in a case in which the original appellate panel became the first court (at least of which I am aware) to declare the Protection of Lawful Commerce in Arms Act (PLCAA) […]

Scholarship Highlight: New Works on Firearms Law

Posted by on August 18, 2021

As we gear up for the Supreme Court’s hearing of New York State Rifle & Pistol Association v. Bruen in November, other firearms law and Second Amendment issues continue to be litigated in lower courts and debated in the literature. Here are new pieces that take on the issue of public carry (just recently posted to […]

Scholarship Highlight – Forthcoming Gun Law Articles

Posted by on May 12, 2021

Today, I’m highlighting several forthcoming articles by established scholars and veterans of firearms law scholarship. These pieces raise interesting and often under-explored aspects of the legal regulation of guns. Drury D. Stevenson, Workplace Violence, Firearm Prohibitions, and the New Gun Rights, University of San Francisco Law Review, Vol. 55, 2021 Abstract: Workplace violence is surprisingly […]

The Biden Administration Gun Plan

Posted by on December 2, 2020

On his campaign website, President-Elect Joe Biden lists several of his administration’s priorities for firearm regulation. Since the actual policy proposals are not spelled out in depth, it is hard to evaluate the precise details of his plan. And, of course, the ones that require congressional action are much less likely to pass if the […]

Upcoming Conference on Firearms Litigation

Posted by on November 25, 2020

On December 1st, the Center on Civil Justice at NYU School of Law is hosting what will be a very fascinating conference: Firearms Litigation: Liability, Regulation, and the Constitution. We are delighted to team up with the Center on Civil Justice and co-cosponsor the event with the Solomon Center for Health Law and Policy at […]

New Decision in a (Very) Old Case: City of Gary v. Smith & Wesson Corp

Posted by on December 13, 2019

On November 26, the Indiana Supreme Court denied review in an important case regarding tort liability for gun manufacturers and the Protection for Lawful Commerce in Arms Act (PLCAA): City of Gary v. Smith & Wesson Corp. The latest ruling leaves in place a Court of Appeals decision from last May, which in turn means […]

Hints from Parker Drilling for the Sandy Hook Litigation?

Posted by on June 13, 2019

Earlier this week, the Supreme Court unanimously decided a sleepy statutory interpretation question concerning the Outer Continental Shelf Lands Act. That case, however, may contain clues about how the Court could approach the interpretive question involved in the Sandy Hook litigation over the Protection for Lawful Commerce in Arms Act (PLCAA).

PLCAA, Sandy Hook, and Appealability

Posted by on June 10, 2019

The Connecticut Supreme Court recently allowed a suit arising from the Sandy Hook shooting to proceed against Remington. In doing so, it rejected Remington’s argument that the Protection for Lawful Commerce in Arms Act (PLCAA) bars the suit. Remington plans to seek U.S. Supreme Court review. But can it seek that review now?