by Charles Mombo
Despite the foggy and thick cloud of stupidity surrounding the misinterpretation of the second amendment and the Obama Deranged Symptoms (ODS) and their black helicopters alert, it is time to seriously consider reenacting the Federal Assault Weapons Ban and repealing the the 2005 federal Protection of Lawful Commerce in Arms Act (PLCAA, P.L. 109-92), that protects gun manufacturers from civil liability.
Caving into spineless lawmakers and firearm manufacturers and dealers, former President George W. Bush, signed the Protection of Lawful Commerce in Arms into law on October 26, 2005. The Protection of Lawful Commerce in Arms Act, “prohibits civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their products by others.”
The Protection of Lawful Commerce in Arms Act came in response to a wave of lawsuits against gun makers and sellers. Among them, New York City alleged in 2000 that gun manufacturers and dealers created a public nuisance by allowing their guns to be diverted into illegal markets. The dozens of defendants included well-known gun makers like Smith & Wesson Corp, Arms Technology, Inc., Beretta U.S.A. Corp., et al. and Glock Inc.
American law has never embraced a rule freeing defendants from liability for the foreseeable consequences of their negligence merely because those consequences may include the criminal conduct of third parties. Since President George W. Bush signed the Protection of Lawful Commerce in Arms Act in 2005, the gun industry has been arguing in courts across the country that the law gives them immunity from civil liability.
What's good for tobacco manufacturers should be good for weapon manufacturers
On August 17, 2006, a U.S. district judge issued a landmark opinion in the government's case against Big Tobacco, finding that tobacco companies had violated civil racketeering laws and defrauded consumers by lying about the health risks of smoking.
During the last decade, various plaintiffs have successfully brought lawsuits against various tobacco manufacturers, attempting to hold them responsible for wrongful death, injury, or medical expenses related to cigarette smoking and other tobacco use. Cases have been brought both by individual plaintiffs and by government officials, including U.S. State Attorney General.
The American smoking culture hasn't completely gone up in flames; but, there are noticeable diminishing difference in the coolness of puffing a square.