Fred Guttenberg harsh words for Bernie

[lapucelle]

33. The PLCAA was introduced at the behest of the gun industry and National Rifle Association

Executive Vice President and CEO Wayne LaPierre touted its passage as “a historic piece of legislation” in 2005.

What is the Protection of Lawful Commerce in Arms Act?

The Protection of Lawful Commerce in Arms Act, or PLCAA, is a federal law enacted in 2005 that grants broad immunity from liability to gun manufacturers and dealers in federal and state courts. PLCAA prevents plaintiffs from filing lawsuits against gun manufacturers or dealers in many cases when these parties have been negligent and there has been “criminal or unlawful misuse” of a firearm or ammunition—regardless of whether plaintiffs are seeking monetary damages or injunctive relief.

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Why is it important to keep courthouse doors open to civil lawsuits against the gun industry?

A basic feature of American law is that victims of harm can seek redress in court from wrongdoers. By preventing victims of gun violence from pursuing well-established legal claims against irresponsible gun manufacturers and sellers—without presenting an alternative means for the victims to be compensated—PLCAA is an injustice that is unfair and unprecedented.

Beyond the basic injustice of depriving victims of gun-industry harm access to courtrooms—access that is available to victims of negligent acts by other industries—civil litigation is also important to incentivize industry actors to act responsibly; take steps to prevent negligent and criminal use of their products; and improve product safety. Prior to the enactment of PLCAA, civil lawsuits were used successfully against the gun industry to secure the adoption of new safety measures and other best practices:

In 2000, Smith & Wesson agreed to adopt additional safety practices, such as selling safety devices with each handgun; establishing a code of conduct for authorized dealers and distributors; and including a hidden set of serial numbers on the inside of all new guns in order to make it more difficult for criminals to scratch off these identifying markings. The company did this as part of a settlement agreement that ended several lawsuits.

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How does the immunity from suits afforded to the gun industry compare with other industries?

PLCAA affords the gun industry much broader immunity than other consumer product industries. While federal law sets caps on the amount a plaintiff can recover through civil lawsuits against other industries—such as the railroad and nuclear power industries—no other industry enjoys such extensive blanket immunity.

In fact, civil litigation in other industries has resulted in safety improvements for potentially dangerous products.

https://www.americanprogress.org/issues/guns-crime/reports/2016/01/15/128949/immunizing-the-gun-industry-the-harmful-effect-of-the-protection-of-lawful-commerce-in-arms-act/