The open defiance of a two-decade-old federal law that has repeatedly been upheld in court defies logic, but precious little about the anti-Second Amendment platform is logical.
Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA) in 2005, and it was signed into law by President George W. Bush (R). This created a powerful shield for the weapons industry against high-powered and taxpayer-funded attacks from radical lawmakers.
And that should have been that.
States are lining up in open defiance of federal law
However, 10 states over the last four years enacted sketchy laws intended to circumvent the federal prohibition. The latest, Connecticut, just this month made it possible to sue firearm manufacturers and retailers over a perceived failure to take “reasonable precautions” to keep their products out of the wrong hands.
Do the “reasonable precautions” include FBI background checks? These are already mandatory, but apparently not enough for Second Amendment opponents.
Waves of politically motivated lawsuits are intended to crush weapons manufacturers
Instead, they seek to unleash an avalanche of political lawsuits that would inevitably cripple the industry. There is no segment of the U.S. economy that could survive a massive and sustained legal attack from multiple elected entities with unlimited funding.
And make no mistake, that is the goal of these political activists.
This is despite the weapons industry being one of the most heavily regulated manufacturing sectors.
Standing in the way of these gun rights opponents is the National Shooting Sports Foundation (NSSF), the firearm industry trade association. The influential group recently celebrated the 20th anniversary of Bush’s signing of the PLCAA into law on October 26, 2005.
Lawrence G. Keane, NSSF Senior Vice President and General Counsel, declared the law to be a bedrock of protection for manufacturers and retailers from unwarranted legal attacks.
“Americans cannot exercise their God-given right to purchase, possess, and use firearms without a strong and present industry that provides the means to acquire those firearms,” Keane said. “This firearm industry is comprised of more than 400,000 hardworking men and women who take immense pride in providing safe and reliable products for Americans to purchase if and when they choose to do so. The Protection of Lawful Commerce in Arms Act has ensured that this constitutional right has not been bankrupted out of existence by gun control activists and those bent on eliminating the right of law-abiding Americans to keep and bear arms.”
The NSSF and like-minded organizations continue to fight to protect this vital industry. Laws designed to destroy weapons manufacturing clearly violate the Constitution just as laws suppressing free speech would.
And gun control advocates know this.
Unfortunately, 2A opponents do not care that they will bleed the industry into oblivion with an endless onslaught of litigation. That is the endgame.
The PLCAA did not materialize out of vapor in 2005. It was the reasonable reaction to cities such as New York, Chicago, and Los Angeles filing waves of lawsuits accusing the weapons industry of a myriad of wrongdoing.
The plaintiffs claimed that their cities and communities were being flooded with cheap firearms through illegal gun trafficking. All the while, they ignored that the products were legally sold and that manufacturers were being held liable for third-party actions.
Imagine how quickly this policy would bring down the auto industry.
The vast majority of U.S. states continue to respect federal law and uphold the Constitution. However, it is critically important that those who do not are challenged on every front.
This is the only way to ensure the survival and ultimate prosperity of the firearms industry.
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