Second Amendment Alert: Biden’s proposed gun control could bankrupt the entire firearms industry


WASHINGTON, D.C. – Current Democratic Presidential Candidate Joe Biden allegedly wants to repeal a law that was designed to keep firearm manufacturers safeguarded from frivolous lawsuits.

If those protections are removed, it could open the door for millions of dollars in lawsuits against the gun manufacturers, potentially causing them to go bankrupt.

The Protection of Lawful Commerce in Arms Act (PLCAA) was signed into law by former President George W. Bush in 2005. Biden believes the firearm industry should be sued each time a criminal uses a weapon illegally.

According to Breitbart News, Biden told a group of people in New Hampshire that it was a “mistake” to prevent the firearm industry from being sued when their weapons were being used illegally.

He said that giving “gun manufacturers…a loophole that does not allow them to be sued for the carnage they are creating” was wrong. 

He continued:

“The first thing I’m going to do as president is work to get rid of that [PLCAA], and it’s going to be hard.”

On February 24th, Biden was in South Carolina giving a speech in which he addressed the firearm industry. Biden, while looking at the camera, said to the gun manufacturers, “I’m going to take you down.”

So, what exactly is the PLCAA and what does it do? 

According to America’s1stFreedom:

“The PLCAA generally protects licensed firearm manufacturers and sellers from frivolous lawsuits brought to recover damages for the criminal misuse of their products. 

“This protection should have been unnecessary because our legal system generally does not punish anyone for the criminal actions of others, but a group of attorneys and politicians in the 1990s set out to use the tort system to achieve the gun-control policies that had been rejected by state legislatures and Congress.”

The issue here from the gun manufacturers’ side, is that they legally make a product that is listed for sale in the United States. Those firearms are then sold to consumers who are subject to background checks and other methods to ensure they are legally allowed to own a firearm.

Sadly, there are also times in which criminals get their hands on guns through various criminal efforts. There are also instances of gun owners who legally purchased their firearms and go on to commit heinous crimes. Biden and others believe the firearm manufacturers should be held civilly liable in those cases.

The Daily Caller spoke to Erich Pratt, the senior vice president of the Gun Owners of America, about Biden’s plans to repeal the act. 

He said:

“[Biden’s plan] means that gun manufacturers could ultimately be put out of business through frivolous lawsuits. It’s totally irresponsible. Imagine Ford or GM (being) responsible for the damage caused by hit-and-run drivers. We wouldn’t tolerate that and yet, that’s exactly the type of legal theory they’re trying to put on gun manufacturers.”

 The Daily Caller also spoke to Kevin Jamison, a Missouri self-defense lawyer and firearms instructor, who said:

“The guys pushing these lawsuits, they don’t care if they win. They care if they can force these companies to hemorrhage money.  They are in the business of putting gun companies out of business.”

Jamison added:

“If they destroy enough companies or force them to adopt their rules of procedure, then there will be no place to buy guns, and that’s what they’re looking for. They want to make it as expensive to own a gun as humanly possible – and as difficult. If they get even part of their wish list, they won.”

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Democrats silent on gun control as first time gun ownership spikes to nearly five million people in 2020 (op-ed)

September 4, 2020

Originally written by our partners at NSSF.

NEWTOWN, CT – NSSF®, the trade association for the firearm industry, updated retail survey-based estimates and concluded that nearly 5 million Americans purchased a firearm for the very first time in 2020. NSSF surveyed firearm retailers which reported that 40 percent of sales were conducted to purchasers who have never previously owned a firearm.

NSSF tracks the background checks associated with the sale of a firearm based on the FBI’s National Instant Background Check System (NICS). NSSF-adjusted NICS checks for January through July 2020 is a record 12.1 million, which is up 71.7 percent from the 7.1 million NSSF-adjusted NICS January through July 2019. This equates to nearly 5 million first-time gun owners in the first seven months of 2020.

Lawrence G. Keane, NSSF Senior Vice President of General Counsel, said:

“This is a tectonic shift in the firearm and ammunition industry marketplace and complete transformation of today’s gun-owning community. These first-time buyers represent a group of people who, until now, were agnostic regarding firearm ownership.

“That’s rapidly changing, and these Americans are taking hold of their God-given right to keep and bear arms and protect themselves and their loved ones.”

NSSF surveys revealed that 58 percent of firearm purchases were among African American men and women, the largest increase of any demographic group. Women comprised 40 percent of first-time gun purchasers. Retailers noted that they are seeing a 95 percent increase in firearm sales and a 139 percent increase in ammunition sales over the same period in 2019.

Several factors are contributing to the sustained surge in firearm purchases. Sales spiked in March, with a record-setting 2.3 million NICS background checks conducted for a firearm sale, the same month the coronavirus pandemic struck.

During this time, police warned response times would be tested while mayors and governors emptied prisons, including violent felons. Some of those were rearrested within days for committing another violent crime.

After Memorial Day, protests turned to looting, riots and destruction, which continues today in several major metropolitan areas. Politically-charged calls to defund police also continue to spur sales.

This is also an election year and firearm sales typically rise during presidential election years.

However, this year, Democratic candidates Joe Biden and U.S. Sen. Kamala Harris (D-Calif.) are calling for stringent gun control measures, including forcible confiscation, banning entire classes of firearms from lawful possession, licensing schemes and repealing the Protection of Lawful Commerce in Arms Act, which would expose the firearm industry to frivolous and harassing lawsuits.

Each month since March, NSSF-adjusted NICS background checks have set a record as the strongest ever recorded for that month.

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