From a typically (somewhat) rational forum for analysis of US national security law and policy – Just Security. A typically flawed argument for repealing the Protection of Lawful Commerce in Arms Act (PLCAA):
Since its adoption in 2005, the Protection of Lawful Commerce in Arms Act (PLCAA) has largely shielded gun manufacturers from civil liability suits. Although originally designed to deflect frivolous litigation, PLCAA has been invoked and interpreted expansively over the years in U.S. courts in a way that jeopardizes the right to a remedy to which survivors of gun violence and their family members are entitled, including under international human rights law. As the momentum to dismantle PLCAA steadily gains ground, international law and norms further support the case for the law’s repeal.
Congress should repeal PLCAA for myriad reasons, including to ensure judicial relief as enshrined in the International Covenant on Civil and Political Rights (ICCPR) and other international commitments the United States has undertaken.
So much wrong in such a long article. The authors even cite portions of the law, which seem to undermine their own argument. The bottom line is this – the gun control cabal seeks to limit, restrict or negate the 2nd Amendment (and Natural) Rights of Citizens to keep, carry, store, manufacture and utilize firearms any way they can. The PLCAA was passed specifically, not as some sort of special privilege to firearm sellers and manufacturers, but to ensure that industry has the same legal protections as any other sector in American society……protections against frivolous and malign lawsuits, seeking damages or worse, against third party, uninvolved and non-complicit entities.
Victims and their families already have legal and financial recourse against the party or parties that committed a criminal act against them. To cite the oft-used (but entirely appropriate) analogies – a Citizen cannot (successfully) sue Ford, if a drunk driver injured them or killed a family member. Why? Because Ford (or eve another party widening the chain of custody) sold a lawful product to a customer who was legally qualified to acquire it.
And just as other consumer products are open to, firearm manufacturers and sellers are culpable if they make or sell an unsafe, defective product….or sell a product to a customer who is prohibited from acquiring it. To restate – the PLCAA ensures that the firearm industry and retailers have the same basic legal responsibilities and protections as any other consumer good.
But wait, the PLCAA (as the authors do note) have six specific exemptions not common to other consumer goods, that allow for the pursuit of legal recourse to be brought before a court – negligent entrustment, actions for breach of contract in connection with a purchase, and actions brought for damage caused to individuals or property due to a design or manufacturing defect.
And still….the gun control camp isn’t satisfied. They don’t actually care about fairness under the law. Victims and plaintiffs already have access to the courts to seek redress from the person or persons who transgressed against them. The gun control camp wants to eradicate the firearm industry using perfidious backdoor means, since their repeated frontal assaults against the 2A have come to naught.
Remember this, and the other asinine attempts (1000% taxes on firearms, registration for ammunition, “assault weapons” bans, etc…..) each and every time you see them bleat “we don’t want to take away anyone’s guns”.