Legal Question about the The Protection of Lawful Arms In Commerce Act

[BJHay]

Y'all probably know about the PLCAA (The Protection of Lawful Arms In Commerce Act). It gives gunmakers broad immunity from civil claims arising from the misuse of their product. There are other industries that have received immunity for their actions, I'm personally familiar with those granted to transportation providers, but I don't think any need protection from the criminal or international misuse of an otherwise properly designed and manufactured product.

What is different about car makers, knife makers or crowbar makers that protects them from suits when their products are properly designed and made but used criminally?

Even under PLCAA all of these companies can be sued for injuries caused by defective products; that makes sense. What left gun makers exposed to suits for products used in crimes when other manufacturing companies only seem concerned about suits from defects?

I can guess but....

 

[Bigtanker]

It "could" happen to an automaker or other company. But as of now, there is no political reason for it.

Before PLCCA was passed, this was a tactic of the gun control/ban lobby. There were 100's of cities sueing gun companies at the same time. The idea wasn't to really win a lawsuit, if they could it would have been a bonus, but to bankrupt them by the shear number of tax payer funded lawsuits.

I suppose it is possible, but not probable that another industry could be attacked the same way.

 

[manifest destiny]

It "could" happen to an automaker or other company. But as of now, there is no political reason for it.

Before PLCCA was passed, this was a tactic of the gun control/ban lobby. There were 100's of cities sueing gun companies at the same time. The idea wasn't to really win a lawsuit, if they could it would have been a bonus, but to bankrupt them by the shear number of tax payer funded lawsuits.

I suppose it is possible, but not probable that another industry could be attacked the same way.

Lawfare. Where the process is the punishment.

What is different about car makers, knife makers or crowbar makers that protects them from suits when their products are properly designed and made but used criminally?

Or a burglar trips and falls on your dark steps while robbing your home. He then sues you for not having the appropriate lighting and handrail. Lawfare.

 

[HoughMade]

What is different about car makers, knife makers or crowbar makers that protects them from suits when their products are properly designed and made but used criminally?

You know. What's the realistic threat of a lawsuit against a car maker or a knife maker for criminal misuse of their products? It's probably happened at some point, but I've never heard of it.

Now ask the same question about gun makers.

It's worse than that. There are already principles of common law that prevent a maker of a product from being liable for its criminal misuse....but the threat remains, because- politics.

 

[BJHay]

It "could" happen to an automaker or other company. But as of now, there is no political reason for it.

Before PLCCA was passed, this was a tactic of the gun control/ban lobby. There were 100's of cities sueing gun companies at the same time. The idea wasn't to really win a lawsuit, if they could it would have been a bonus, but to bankrupt them by the shear number of tax payer funded lawsuits.

I suppose it is possible, but not probable that another industry could be attacked the same way.

I get the political attempt at backdoor gun control by cities filing suit. But with the plethora of personal injury attorneys I think someone would have gone after Ford the same way a women sued Mc Donald's (and won) because their coffee was too hot and she was burned when she spilled it on herself.

 

[actaeon277]

I get mad at the politicians that straight out lie about the law.

 

[GodFearinGunTotin]

Lawfare. Where the process is the punishment.



Or a burglar trips and falls on your dark steps while robbing your home. He then sues you for not having the appropriate lighting and handrail. Lawfare.

Or (as happened to a friend of a friend) where someone will attempt to wear you down with law suit after law suit so that you will finally agree to a settlement to avoid spending more money on future suits.