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flamin lib

(14,559 posts)
Fri Jun 12, 2015, 10:35 AM Jun 2015

The Protection of Lawful Commerce in Arms Act (PLCAA)

Sounds pretty innocuous as most monstrous miscarriages of justice do, but it's not. This thing was written by the gun lobby and passed in 2005. It effectively immunizes gun makers and sellers from civil suits stemming from the use of their weaponry. Because guns are soooooo special.
Link to synopsis of PLCAA:
https://www.fas.org/sgp/crs/misc/R42871.pdf

Seven years later, in July of 2012, James Holmes used the 4000 rounds of ammunition from Lucky Gunner, the 100 round drum magazine he bought from Sportsman's Guide and body armor, tear gas and other military equipment from various vendors to enter a movie theater in Aurora, CO kill 12 people and injure 70 others. All without showing his face or answering any questions from any of the vendors. All the transactions were anonymous online purchases.

The parents of one of the victims, gun owners themselves, sued the suppliers. From the CNN article of Sept 2012:
http://www.cnn.com/2014/09/17/justice/colorado-theater-shooting-lawsuit/

"A crazed, homicidal killer should not be able to amass a military arsenal, without showing his face or answering a single question, with the simple click of a mouse," said a statement released by the Brady Center. "If businesses choose to sell military-grade equipment online, they must screen purchasers to prevent arming people like James Holmes."


The federal Judge, citing the PLCAA, dismissed the case and awarded more than $200,000 in court fees to the gun sellers. An appeal is pending.

There are exceptions to the PLCAA (6) but the level of proof is so onerous that it is practically impossible to win a court case against a weapon manufacturer or seller.

A manufacturer of any other product can be held liable for making a dangerous product and retailers can be held liable for incompetence in selling or marketing a product. Not guns, they're special you know.

For instance, Glock makes a firearm that has no mechanical safety to prevent discharge if the trigger is pulled inadvertently. Add to that a very short trigger pull and the gun is so notorious for accidental discharge that the injuries have been dubbed "Glock leg syndrome", a wound to the leg caused by accidental firing as the gun is pulled from the holster. Glock isn't the only one, the Keltek P series which is one of the more popular concealed guns and George Zimmerman's choice has no safety either. Even the very early pistols from the mid 1800s had a safety; when the hammer is pulled half way to firing position it locks the trigger (hence the term "half cocked&quot but not many modern handguns. Were it any other product the ensuing civil suits would have forced Glock to add a safety device but they can't be sued and the Consumer Protection Agency can't force a recall. Because, well, guns are special.

30,000 gun deaths a year at a cost of $200 billion to the economy and we let the NRA and the Gun Lobby write laws. When is this issue going to get the attention is deserves?




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