task0778
Diamond Member
In 2005, Congress passed the bipartisan Protection of Lawful Commerce in Arms Act (PLCAA) by a nearly twoâthirds margin. PLCAAâs purpose was to curb efforts by gunâcontrol advocates to circumvent state legislatures and attack Second Amendment rights through a neverâending series of lawsuits against manufacturers and retailers of firearms to hold them financially responsible for crimes committed using the weapons they make and sell. Although the dubious legal theories behind these lawsuits only rarely resulted in verdicts against manufacturers and retailers, the mounting costs of the lawsuits began to run gun makers and sellers out of business. Litigationâinduced bankruptcy, it turned out, was an effective way of restricting Americansâ ability to exercise their Second Amendment right to keep and bear arms. Congress passed PLCAA to end that abuse of the judicial system, providing firearm manufacturers and retailers with immunity against legal claims resulting from the criminal use of their products.
There are exceptions though, plaintiffs can made use of the "predicate exception." Under that exception, a gun manufacturer can be sued if it knowingly violated a statute involving the "sale or marketing" of a firearm. Remington lost a lawsuit because the court found that their advertising could have led to the Sandy Hook shooting.
There are exceptions though, plaintiffs can made use of the "predicate exception." Under that exception, a gun manufacturer can be sued if it knowingly violated a statute involving the "sale or marketing" of a firearm. Remington lost a lawsuit because the court found that their advertising could have led to the Sandy Hook shooting.