Thursday, April 28, 2016

Repealing the PLCAA

The Protection of Legal Commerce in Arms Act protects the firearms industry from frivolous lawsuits by anti-rights do-gooders. Under this act, if someone shoots someone else for whatever reason, the maker of the firearm is exempt from any legal action. The exception to this being the case in which some party was injured due to a malfunction of the firearm. This principle is why when you get run over by a driver in a Chevy, that GM is not liable for having built the vehicle. The exception would be if the accident was caused by some manufacturing defect in the car that say caused the brakes to fail when the ignition key was yanked just so.

Hope springs eternal for the anti-gunners as explained in a newsletter I get,
For years, the gun industry has been immune from lawsuits for harm or deaths caused by their products, thanks to that bill, the “Protection of Lawful Commerce in Arms Act.”
No other industry enjoys immunity like this when their products hurt people.
You can sue for damage done by a toy water gun. If a faulty airbag breaks your arm in a car accident, you can sue the car company.
But when damage is done by a real gun, victims largely have no legal recourse. In some cases, victims’ families even end up paying the gun lobby’s legal fees for just filing suit.
But there’s a bill in Congress right NOW that would remove this immunity – the Equal Access to Justice for Victims of Gun Violence Act (H.R.4399).
The entire hysterical thing is a lie from start to finish.
Line 1: If a gun maker makes a defective product that injures someone through faulty operation, they can most certainly be sued.
Line 2: Every industry in the country is subject to this.
Line 3: If you are damaged by a defective water gun then yes you can sue. Astoundingly the second line here is true.
Line 4: Keeping the meaning of damage here as nebulous as possible. If you are injured by a real gun which worked as advertised, causing you to break off your assault, robbery, rape, whatever, then no, you can't sue the gun maker.

HR4399 I'm guessing has no chance of passing in a Republican house. Something to keep in mind as you stand in the voting booth this fall with a clothespin on your nose and contemplate your choices. You elect the individual but you get the party.

Now if your representative is a D, you might consider writing them to ask for an amendment to the Law of Gravity to reduce the gravitational constant from 32.2ft/sec^2 to say 16 ft/sec^2 as this would drastically reduce the number of senseless deaths due to falling, a far greater number than deaths due to firearms. Try it. I bet you get some very politely worded letters back assuring you that Senators Phogbound and Belfry are looking into this and will get back to you.