A Case That Pits Gun Rights Activism Against Federalism

In 2005, President George W. Bush signed into law the Protection of Lawful Commerce in Arms Act (PLCAA), a statute designed to protect gun makers, dealers, distributors, and importers from being sued "for the harm caused by the misuse of firearms by third parties, including criminals."

"Our laws should punish criminals who use guns to commit crimes," Bush declared, "not law-abiding manufacturers of lawful products." The law's passage was widely seen as a victory for the gun rights movement. But a new case out of Pennsylvania now asks whether the same law should be shot down for violating bedrock constitutional principles of federalism.

The case is Gustafson v. Springfield, Inc. It centers on the tragic death of a 13-year-old boy who was accidentally shot and killed by his friend. The friend falsely believed that the semiautomatic handgun he was holding was unloaded because the magazine had been removed. In fact, one round was still chambered.