Protection of Lawful Commerce in Arms Act, gun crime and focus

[discntnt_irny_srcsm]

https://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act

The act was passed by the U.S. Senate on July 29, 2005, by a vote of 65-31. On October 20, 2005, it was passed by the House of Representatives 283 in favor and 144 opposed.

The final bill passed only after adding an amendment that mandated safety locks on handguns, and after preventing the renewal of the assault weapons ban from being added.

There have been lawsuits brought against manufacturers and dealers in guns by victims of gun related violence and by municipalities. Some suits (Badger Guns, for example) were well founded and resulted in a verdict against a seller. Those suits against businesses that have broken no laws have been and should be dismissed.

For 2014 the FBI reports 68% of firearm homicides involved a handgun. Only 3% involved a rifle.
https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2014/crime-in-the-u.s.-2014/tables/expanded-homicide-data/expanded_homicide_data_table_8_murder_victims_by_weapon_2010-2014.xls

In the US, 16 states require a background check on all sales of handguns. This applies to ALL sales from licensed FFLs to sales between next door neighbors, classified ads, internet and gun shows.
http://www.governing.com/gov-data/safety-justice/gun-show-firearms-bankground-checks-state-laws-map.html

I suggest that, if you live in one of the other 34 states and you spend your time advocating for another national assault weapon ban or pushing for the repeal of the PLCAA, your efforts have the wrong focus.

[derby378]

1. The way I read the law...

...is that if I purchase an AR-15 and it detonates on me at the range, I can sue the manufacturer in court (or my surviving family members can) to get the defective gun off the market and pay some serious compensation for pain and suffering, hospital bills, lost wages and income, etc.

But they can't be sued just for manufacturing an AR-15. Getting rid of PLCAA might enable certain unscrupulous lawyers to try that.

[discntnt_irny_srcsm]

2. Those are what I believe to be the facts

To my way thinking, murder is evil but numerous firearm activities are not. Therefore, the acts of making, selling, buying and owning a firearm are not innately evil. Since the user of the firearm is truly the one who determines the target and is responsible for that choice, the makers, distributors and sellers are not to blame. In the case of Badger Guns, for example, I think the shop was found to be engaged in activity comparable or friendly to straw purchasing, which is illegal.

Some of these types of actions are known as SLAPP suits: https://en.wikipedia.org/wiki/Strategic_lawsuit_against_public_participation

If I were involved at all in the firearms business, I would move my headquarters to Texas. In Texas the first conviction for barratry is a misdemeanor but the second is a felony.

Barratry: https://en.wikipedia.org/wiki/Barratry_%28common_law%29

>> Barratry: is a legal term with several meanings. In common law, barratry is the offense committed by people who are "overly officious in instigating or encouraging prosecution of groundless litigation" or who bring "repeated or persistent acts of litigation" for the purposes of profit or harassment.

[Puha Ekapi]

3. Let's sue...

...Ford every time some drunk gets in his Focus and kills somebody

[discntnt_irny_srcsm]

5. Dumb idea for the Focus...

...= dumb idea for the Bushmaster.

[Puha Ekapi]

7. Presactly...

[pablo_marmol]

4. I would suggest that the astonishingly hypocritical and dishonest push to repeal the PLCAA

Last edited Tue Feb 2, 2016, 04:18 PM - Edit history (1)

is going to be at least as politically toxic as the yammering about renewing the "assault weapons" ban.

As I've mentioned a number of times now, I'm really, REALLY nervous about the punch we may take as a result of this intensely dishonorable behavior.

[discntnt_irny_srcsm]

6. When your politics are going nowhere...

...and you're losing ground, the best option is to file a lawsuit.

http://www.motherjones.com/media/2015/10/mother-jones-vandersloot-melaleuca-lawsuit

Seems almost like admitting defeat.