IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

MARK AND LEAH GUSTAFSON, : No. 240 WAL 2022 INDIVIDUALLY AND AS : ADMINISTRATORS AND PERSONAL : REPRESENTATIVES OF THE ESTATE OF : Petition for Allowance of Appeal JAMES ROBERT ("J.R.") GUSTAFSON : from the Order of the Superior Court : : v. : : : SPRINGFIELD, INC. D/B/A SPRINGFIELD : ARMORY AND SALOOM DEPARTMENT : STORE AND SALOOM DEPT. STORE, LLC : D/B/A SALOOM DEPARTMENT STORE : AND THE UNITED STATES OF AMERICA : : : PETITION OF: SPRINGFIELD, INC. D/B/A : SPRINGFIELD ARMORY AND SALOOM : DEPARTMENT STORE AND SALOOM : DEPT. STORE, LLC D/B/A SALOOM : DEPARTMENT STORE :

ORDER

PER CURIAM AND NOW, this 18th day of April, 2023, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issues set forth below. Allocatur is DENIED as to all remaining issues. The issues, rephrased for clarity, are:

(1) Do respondents’ claims for damages against the manufacturer and seller of a firearm that was criminally or unlawfully misused by a third party constitute a prohibited qualified civil liability action pursuant to the Protection of Lawful Commerce in Arms Act of 2005, 15 U.S.C. §§7901-7903 (PLCAA)? (2) Do respondents’ claims fail to satisfy the product defect exception to the PLCAA when the discharge of the firearm was caused by an intentional trigger pull while the firearm was pointed at another person and resulted in a juvenile delinquency adjudication for involuntary manslaughter?

(3) Is the PLCAA a permissible exercise of the power of Congress pursuant to Article I, Section 8 of the U.S. Constitution, or does it instead violate the Tenth Amendment and principles of federalism?

Further, the applications for leave to submit amicus curiae briefs by the State of Montana and 11 Other States, and the Philadelphia Association of Defense Counsel, are GRANTED.

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