Aurora Victim’s Parents Face Bankruptcy After Suing Online Ammo Dealers, Vow To Change Colorado Law

[branford]

144. You need a refresher on basic products liability law.

First, unlike lawn darts, guns are a constitutionally protected item which work exactly as intended. More importantly, third-party criminal misuse of a legal product normally vitiates any liability.

You also seem to believe that an item that functions as intended and designed, no less complies with numerous legal regulations, often including criminal background checks, is somehow defective because you simply don't like that function. Guns fire pieces of metal at very high velocities, and are useful in a variety of perfectly legal and appropriate contexts, including sport, hunting, self-defense, and pursuant to our Constitution, even as a means by which the People may ensure liberty when all else fails. There are hundreds of millions of guns and tens of millions of gun owners in the country, and despite some terrible images in the news and too much violent crime, criminal misuse of firearms still represents a statistically insignificant percentage of firearm use, and most of that is by people who already are barred from firearm ownership under current laws, two-thirds of deaths are suicides, and millions of firearms are used defensively to protect the innocent, generally without ever firing a shot.

It is beyond dispute that not too long ago the gun control movement, including many municipalities, adopted a concerted legal strategy to institute a back-door ban on all or most firearms by litigating claims against firearms manufacturers and dealers that were meritless under accepted product liability jurisprudence until these entities were effectively bankrupt. Unsurprisingly considering the strength of support for gun rights in the USA and the transparency of gun control tactics, the backlash was swift, certain and unequivocal, including the PLCAA and equivalent laws in a majority of the states.

Note also that manufacturer immunity due to frivolous claims or simply because of public policy concerns are not limited to the firearm industry, and apply to other areas such as vaccines and aviation (See, National Childhood Vaccine Injury Act and General Aviation Revitalization Act, respectively).

The PLCAA is not the only instance of stealth gun control backfiring spectacularly on its proponents. New Jersey's foolish attempt to ban all "dumb" firearms in the state in order to advance "smart gun" technologies has resulted in crippling that entire sphere of research and refusal of gun owners from across the country to even consider purchasing such a weapon.

If you or others believe that the civil immunity laws, the Second Amendment or anything else is unneeded or offensive, feel free to lobby for their repeal. It certainly is not impossible, as the California state immunity law was reversed by the legislature. However, despite events like Sandy Hook, no credible attempts have been made to systematically repeal immunity laws by our party, no less part of the Bill of Rights. The reason is astoundingly obvious. The popularity of gun rights has been steadily increasing, and attempts at gun control has have cost the party dearly in a number of elections. Universal background checks cannot pass in the Senate when supposedly there is a 90% approval for such a law, it would still fail in the House, and you have celebrities spokespeople and a pet billionaire who can easily outspend the NRA (and did in the CO recall elections to no avail). Feel good legislation concerning "assault rifles" and magazine limits not only failed as well, but amendments broadening gun rights such as concealed carry reciprocity actually garnered a majority of votes.