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Mark Gustafson, Individually and as Administrator and Personal Representative of the Estate of James Robert ("J.R.") Gustafson, et al. v. Springfield, Inc., dba Springfield Armory, et al.
Paid petition · Supreme Court of Pennsylvania, Western District, No. 7 WAP 2023 · judgment March 31, 2025
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
Where Congress in the Protection of Lawful Commerce in Arms Act (PLCAA), Pet.App.276a-287a (15 U.S.C. §§ 7901−7903), commanded judges to dismiss certain lawsuits involving gun-related liability under common-law authority but chose not to preempt state law or provide immunity against the same liability when it is the product of a legislative enactment, the Questions Presented are:
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Has Congress violated federalism principles and the Tenth Amendment by invading a core structural element of State sovereignty when PLCAA bars a State from imposing liability on gun manufacturers and sellers in certain instances based on judicial determinations under the common law, but allows identical liability actions if the State imposes liability through legislative determinations?
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Has Congress in PLCAA legitimately exercised its authority over interstate commerce when it does not regulate commercial activity of the firearms industry but prohibits state courts from authorizing liability for certain actions against gun manufacturers and sellers while refraining from the same prohibitions when a state legislature authorizes identical liability-inducing actions?
Counsel of record
For petitioner
Robert S. Peck
Center for Constitutional Litigation, PC
For respondent
Scott Charles Allan
Renzulli Law Firm, LLP
Proceedings
- Dec 15 2025Petition DENIED.
- Nov 25 2025DISTRIBUTED for Conference of 12/12/2025.
- Nov 24 2025Reply of petitioners Mark Gustafson, et al. filed. (Distributed)
- Nov 10 2025Brief of respondent United States in opposition filed.
- Nov 07 2025Brief of respondents Springfield, Inc., d/b/a Springfield Armory, et al. in opposition filed.
- Oct 20 2025Motion to extend the time to file a response is granted and the time is further extended to and including November 10, 2025, for all respondents.
- Oct 17 2025Motion to extend the time to file a response from October 31, 2025 to November 10, 2025, submitted to The Clerk.
- Sep 25 2025Motion to extend the time to file a response is granted and the time is further extended to and including October 31, 2025, for all respondents.
- Sep 24 2025Motion to extend the time to file a response from October 2, 2025 to October 31, 2025, submitted to The Clerk.
- Aug 08 2025Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2025, for all respondents.
- Aug 07 2025Motion of the Solicitor General to extend the time to file a response from September 2, 2025 to October 2, 2025, submitted to The Clerk.
- Jul 29 2025Petition for a writ of certiorari filed. (Response due September 2, 2025)
- Jun 16 2025Application (24A1235) granted by Justice Alito extending the time to file until July 29, 2025.
- Jun 10 2025Application (24A1235) to extend the time to file a petition for a writ of certiorari from June 29, 2025 to July 29, 2025, submitted to Justice Alito.