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Rhode Island Bar Journal Article

“Brady Campaign to Prevent Gun Violence” Loses; Court Upholds Federal Law

Posted by Keith G. Langer | May 07, 2021 | 0 Comments

US District Court dismissed the Brady Campaign's lawsuit against Glock, correctly citing the Protection of Lawful Commerce in Arms Act, 15 U.S.C. §§ 7901-7903. There being no defect whatsoever in the design or manufacture of, or the instructions for the use of, the gun, there was no basis for the lawsuit. Glock's Motion to Dismiss was granted accordingly.

The decision is both extensive and exhaustively researched. The essence of the dismissal is this:

“It appears to the Court that, contrary to Plaintiff's suggestion, the legislative history of the PLCAA does not uniformly evidence Congress's intent to adopt a narrow scope of preemption. Statements of multiple congressional speakers suggest the PLCAA was intended to preempt the sorts of product liability suits that might be used as a roundabout method of regulating the firearms industry.”

Because the Brady Campaign lost, the case received little coverage. Link here:
 
https://casetext.com/case/travieso-v-glock-inc

About the Author

Keith G. Langer

Keith G. Langer, Attorney at Law SERVING NORFOLK COUNTY, MA, AND SURROUNDING AREAS Solo practitioner concentrating in civil litigation, collections, family law and administrative law, particularly firearms licensing.Professional Qualifications: One of the longest-serving member of the Firear...

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Your Time May Be Limited!

If you are a defendant in a civil suit, you have a specific period of time in which to file an answer. Failure to do so can result in a default judgment being issued against you. Failure to timely submit responses to discovery requests can also negatively affect your case. Those named as defendants in criminal cases via clerk magistrate or “show cause” hearings must appear, or the complaint will issue against them. Those seeking to appeal a negative action, such as a firearms license denial or revocation, denial of a permit, or losing a case at trial, all have specific time periods in which to act. Do not lose your rights by inertia or delay.

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The law is an area in which inertia can have very negative consequences: The loss of rights and remedies. It is unlikely that your problem will just “go away” - act now to protect yourself and preserve your options.