Massachusetts Attorney General Maura Healey has claimed that the 2005 Protection of Lawful Commerce in Arms Act (PLCAA) makes a gun “the only product of its kinds for which Congress has given the industry extensive freedom from liability.” However, the PLCAA afforded no protections to the arms industry that did not already exist for all industries. Activists are targeting this law because it prevents the anti-gun lobby from using the legal system to bypass the legislature and cripple the lawful sale of arms, as Healy is attempting to do in Massachusetts.
The PLCAA, which was passed with bipartisan support, only shields manufacturers under a narrow set of circumstances. It prevents innocent firearms manufacturers from being held liable when criminals misuse their products. To understand the opposition, one must understand the nature of the lawsuits it was written to prevent.
Liability for What They Did, Not What They Didn’t Do
Many have heard of “strict products liability” but are unsure of exactly what it means. If one thinks that it simply means that a manufacturer must pay for any harm its goods cause, the argument against the PLCAA might make some sense. However, that is far from the reality.
Generally, manufacturers and dealers are held liable for any harm caused by products sold “in a defective condition unreasonably dangerous to the user.” This includes manufacturing defects, unsafe design, and inadequate warnings. This means a plaintiff need not prove the manufacturer was at fault; he need only prove the existence of a defect. So, if a product is deemed “unreasonably dangerous,” a manufacturer would almost certainly lose a lawsuit involving harm from that product. This is why the anti-gun crowd salivates at this type of liability.
Continue reading at The Federalist.
The Democratic primary has become increasingly antagonistic over the past few months, with Hillary Clinton continually lambasting Bernie Sanders for his support of immunity for gun manufacturers.
These repeated attacks have caused Sanders to abandon what was perhaps the only moderate plank of his candidacy, with the Vermont Senator reversing his position earlier this month.
But gun manufacturers can already be sued if they are at fault. There is no blanket immunity, and claims to the contrary only make sensible gun reforms more difficult.
Parents of the Sandy Hook victims are currently suing gun manufacturer Remington Arms, for their production of a firearm used by shooter Adam Lanza. Their argument is that manufacturers like Remington should be held responsible when their firearms are used for illegal—and often tragic—purposes.
This debate carries important implications for what liability truly means.
At the center of the debate is the Protection of Lawful Commerce in Arms Act (PLCAA), which Senator Sanders supported and then-Senator Clinton opposed in 2005.
For Clinton, this is proof she has stood up to the “gun lobby,” while Sanders has given the NRA free-reign.
The truth is less black and white.
Read the full article at Townhall.
On Tuesday, the California band Eagles of Death Metal returned to Paris to finish a set that was interrupted by a terror attack last November. Playing to a crowd of survivors, frontman Jesse Hughes heroically announced while taking the stage, “Bonsoir Paris, we’re ready for this!”
Just hours earlier, Hughes had given an emotional interview to a French news channel about the November attack. When the reporter mentioned gun control, Hughes did not mince words in pointing out how ineffective France’s strict laws had been in stopping the attack.
Read the rest on Rare, here.
Gun control is once again in the news, as President Obama took to the airwaves this morning to announce that he is undertaking executive actions on the issue. His executive order will, among other things, expand background checks, in particular closing the so called “gun show” loophole that allowed small firearm sellers to avoid being required to do background checks.
The executive action follows a recent spate of mass shootings, which in prompted The New York Times to run their first front page editorial in decades, last December.
Just like the editorial, Obama’s announcement was filled with emotion, with the president shedding tears at one point during the press conference.
There is an understandable emotional theme throughout this discourse, but it’s based on the premise that gun deaths and mass shootings are out of control. Fortunately, all evidence seems to say the opposite.
Read the full article at the The Daily Caller.
After last week’s tragedy in San Bernardino, many liberals are left wondering why gun control can’t get any traction. On Monday, the New York Times published a desperate page one editorial — its first in 100 years — calling on the government to overcome numerous legal and political obstacles to enact new gun laws. Ironically, the paper did so while outlining exactly why the gun debate is effectively over:
Opponents of gun control are saying, as they do after every killing, that no law can unfailingly forestall a specific criminal. That is true. They are talking, many with sincerity, about the constitutional challenges to effective gun regulation. Those challenges exist. They point out that determined killers obtained weapons illegally in places like France, England and Norway that have strict gun laws. Yes, they did.
Don’t get me wrong, Americans will quibble about guns for the foreseeable future. But there will never be any serious movement to restrict the sale or possession of guns at the federal level precisely because of the so-called “challenges” the Times lays out.
Read the rest on Rare here.