Explore The NRA Universe Of Websites

APPEARS IN News

Biden Plots Sneak Attack Against U.S. Firearms Industry

Monday, January 25, 2021

Biden Plots Sneak Attack Against U.S. Firearms Industry

Joe Biden has unveiled his agenda for his first 100 days in the White House, and his list includes an initiative aimed at nothing less than the destruction of the U.S. firearms industry. This is what would happen if Biden succeeds in his pledge to repeal the Protection of Lawful Commerce in Arms Act.

Imagine if firearm manufactures and sellers – even those who strictly followed the laws enacted to regulate their industry – faced potential civil liability every time a criminal misused a firearm. The effect would be similar to holding automobile makers and dealers responsible for injuries caused by drunk drivers. No business, no matter how conscientious and law-abiding, could ever survive being liable for the acts of millions of random people over whom it had no control.

And that is exactly why the law generally imposes no duty on a person or entity to control the acts of third persons to prevent them from causing harm (unless the person or entity has certain types of relationships with those causing the harm or being harmed).

Yet gun control activists in and outside of government hoped to rewrite that principle when it came to the makers and sellers of firearms. During the 1980s and ‘90s, a coordinated series of lawsuits against the gun industry sought to hold these businesses responsible for the criminal acts third parties committed with firearms.

The plaintiffs knew they faced an uphill climb legally, but winning cases wasn’t necessarily the point. They could also prevail by bankrupting the targets of their predatory litigation by forcing them to defend multiple suits simultaneously in courts throughout the nation or by extorting industry members to adopt “best practices” that required them to follow the terms of unsuccessful gun control legislation. 

This egregious abuse of the legal system to destroy an industry providing constitutionally protected goods and services sparked a bipartisan response from coast to coast. Thirty-four states passed laws to block these suits in their own courts. Finally, in 2005, Congress followed these examples by enacting the Protection of Lawful Commerce in Arms Act (PLCAA) to provide a floor of protection nationwide.

While portrayed by opponents as providing “extraordinary” immunity to the firearms industry, the essence of the PLCAA is simply that the gun industry would be subject to the same rules of third party liability that apply to other businesses. Thus, the PLCAA prohibits, in state or federal court, a civil action or administrative proceeding by any person against a manufacturer or seller of a firearm, ammunition, or “component part” thereof, or a trade association, for harms resulting from the criminal/unlawful misuse of the product by the person or a third party.

Contrary to the way the PLCAA is portrayed by the antigun media and other opponents, it does not provide “absolute immunity” to unscrupulous gun companies. Most common and legitimate forms of recovery are still available to plaintiffs under the PLCAA, including those based on the manufacturers’ or sellers’ own violations of gun control laws or laws governing the sale or marketing of the products; negligent entrustment by sellers; breach of contract or warranty; design or manufacturing defects (when the harm was not caused by a volitional criminal act); and enforcement of federal gun control laws.

In other words, while the PLCAA has been successfully used to block litigation arising from the behavior of third parties, it allows various sorts of suits alleging harm from the manufacturers’ and sellers’ own bad actions.

Yet even relative parity under the law is too much for Joe Biden and his gun control collaborators. That is exactly why Biden pledged during the campaign to repeal the PLCAA and why his agenda for his first 100 days in office includes introducing legislation to accomplish this goal.

Eliminating a defense to certain forms of civil liability is not a move likely to generate the same kinds of headlines as gun bans and mandatory taxing or surrender programs (also features of Biden’s larger gun control agenda).

But make no mistake, repeal of the PLCAA would potentially have even more devastating impacts than new federal prohibitions on the types of firearms Americans could own. That is because it would leave to the imaginations of thousands of greedy trial lawyers and activist judges reasons for why this or that type of firearm or ammunition is “too dangerous” to be available to the American public. These suits, moreover, would undoubtedly be underwritten by any number of billionaire activists, creating a litigation war chest that no single player in the gun industry could match.

Congress saw the existential threat these tactics posed to the industries that support America’s Second Amendment, as well as its defense and security infrastructure. That is why the PLCAA enjoyed broad bi-partisan support, including from the likes of Vermont Sen. Bernie Sanders.

But politics change, and now Biden believes there is an appetite in his caucus to inflict mortal damage to the U.S. firearms industry.

The NRA is determined to prevent that. But well need your help. More than ever, gun owners will need to be active and engaged to defend their freedoms in this perilous new political climate

TRENDING NOW
Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

Tuesday, March 26, 2024

Colorado: Mandatory Storage Bill Passes General Assembly and Semi-Auto Ban Temporarily Removed from Calendar

In a temporary reprieve for Colorado gun owners, the semi-auto ban HB24-1292 has been removed from the calendar. But we cannot let our guard down as gun control advocates can bring it up for a vote at ...

The U.S. Supreme Court Looks at Government “Blacklists”

News  

Tuesday, March 26, 2024

The U.S. Supreme Court Looks at Government “Blacklists”

Much of the attention this past week in the United States Supreme Court was the oral arguments in National Rifle Association of America v. Vullo, No. 22-842, a First Amendment case on whether government officials ...

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Wednesday, March 20, 2024

Colorado: Semi-Auto Ban Passes Committee and Sensitive Places Bill Hearing Rescheduled for Today!

Yesterday the House Judiciary Committee held a hearing on House Bill 24-1292, the semi-auto ban, that lasted over 12 hours where hundreds of patriotic Coloradans overloaded the committee with opposition testimony. The hearing concluded with an ...

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

News  

Second Amendment  

Monday, March 25, 2024

NRA Files Amicus Brief Asking Supreme Court to Hear Antonyuk v. James

In response to the NRA’s victory in Bruen, which secured every American’s right to carry arms, NY passed the “Concealed Carry Improvement Act,” severely restricting carry throughout the state. The 2nd Circuit upheld many of ...

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

News  

Tuesday, March 26, 2024

25 years and one PLCAA Later, Chicago is Still Harassing Gunmakers

On March 19, the city of Chicago filed suit against handgun manufacturer Glock. Seeking to shift responsibility for the city’s woeful governance, Chicago’s lawsuit blames the popular firearm manufacturer for the third-party criminal misuse of ...

Washington: Governor Signs Anti-Gun Legislation

Wednesday, March 27, 2024

Washington: Governor Signs Anti-Gun Legislation

Today, Governor Inslee signed five anti-gun bills into law that were recently passed by the Washington State Legislature. The bills include:

Anti-gun Democrats Seek to Undermine Law Passed to Protect Veterans’ Rights

News  

Tuesday, March 19, 2024

Anti-gun Democrats Seek to Undermine Law Passed to Protect Veterans’ Rights

Last week we reported on a major breakthrough on behalf of veterans who risked losing their Second Amendment rights because of a long-running scheme by the Department of Veterans Affairs (VA) to report certain beneficiaries ...

Colorado: Semi-Auto Ban Scheduled for Floor Vote Today!

Thursday, March 21, 2024

Colorado: Semi-Auto Ban Scheduled for Floor Vote Today!

Today, the House is scheduled to vote on HB24-1292, the ban on semi-automatic firearms. Please contact your legislators today by using the button below and urge them to OPPOSE HB24-1292!

Louisiana: Firearms Bills on the Move - Take Action Now!

Monday, March 25, 2024

Louisiana: Firearms Bills on the Move - Take Action Now!

A number of firearm-related bills, including enhanced preemption, are moving in the Louisiana Legislature. It's critical that NRA members and Second Amendment supporters get involved to keep the momentum going!

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

Wednesday, March 20, 2024

Pennsylvania: Senate Committee Passes Full Inclusion Sunday Hunting

On Wednesday, the Senate Game & Fisheries Committee voted 7-4 to pass Senate Bill 67 to the Senate floor for a vote. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.