If there’s a real threat to the Second Amendment outside of the legislature, it’s in anti-gun lawsuits. I’m not talking about lawsuits seeking to overturn pro-gun laws–I think the courts will find our way in most of those cases. Instead, I’m talking about the lawsuits against gun companies for what criminals do with guns.
See, for years, anti-gunners routinely pushed for lawsuits against lawful firearm manufacturers because of what third parties did with their products. The idea was to bankrupt these companies with lawsuit after lawsuit.
After all, you don’t need gun control if guns simply aren’t for sale.
Because of this, laws were created to block these kinds of anti-gun lawsuits. The biggest is, of course, the Protection of Lawful Commerce in Arms Act, which is federal law.
Unfortunately, the PLCAA is under attack by the Biden administration.
Governor Doug Ducey signed legislation to protect the Second Amendment rights of Arizonans by safeguarding against frivolous lawsuits that have no connection to unlawful use of firearms. The new state law mirrors federal law that was passed on a bipartisan basis.
“With efforts currently underway in Washington to erode Second Amendment rights, Arizona is taking action to protect those rights,” said Governor Ducey. “In Arizona, we’re safeguarding manufacturers, sellers and trade associations. Bad actors need to be held accountable, and we will work to make sure they are. But we’re not going to allow lawsuit after lawsuit to slowly tear down the Constitutional rights of law-abiding citizens in our state. Senate Bill 1382 achieves this goal, and I’m grateful to Representative Quang Nguyen and Senator Wendy Rogers for leading on this important legislation.”
Senate Bill 1382 prohibits the state and all entities of the state from suing a member of the firearms industry for lawful design, marketing, distribution, and sale of firearms and ammunition to the public. The legislation also prohibits a civil action from being brought against a manufacturer or seller of a firearm or ammunition or related trade association for damages resulting from the criminal misuse of the firearm or ammunition, with exceptions.
Now, Ducey and Arizona aren’t breaking new ground here. Most states have these kinds of protections already in place. The federal law wasn’t the first, but was instead mirrored on laws passed at the state level.
However, a lot of momentum disappeared after the federal law was passed because…well, why bother? It was already covered.
Now, though, the PLCAA is under attack. There’s a chance it will get repealed and manufacturers will find themselves being sued for the actions of another person. It’s like someone suing Toyota for what someone else did with a stolen Camry.
Honestly, with any other product, everyone would mock such a lawsuit. Yet with guns being involved, they seem to believe that Smith & Wesson or Glock are just standing on the street corner handing out guns like they’re candy.
Trust me, they’re not. If they were, I’d be driving around a lot more looking for free guns.
Yet that’s how they act, as if these companies are inherently irresponsible because of what criminals do, usually with illegally obtained firearms. It’s downright insane.
The PLCAA stopped that, but with it in peril, then it’s time for all the states that don’t have a similar law to step up and pass one quick, fast, and in a hurry.