1. Check out the Hot Deals section of the Marketplace forum to order an official Mossbergowners.com hat.

Question Of The Month (March 2021) (Industry Liability)

Discussion in 'Question of the Month' started by carbinemike, Mar 1, 2021.

  1. carbinemike

    carbinemike Global Moderator Staff Member Global Moderator "Philanthropist"

    Messages:
    6,079
    Will the democrats pass a law that permits lawsuits against gun companies when people use their products to break the law and what effect that would have?
    meanstreak and ripjack13 like this.
  2. MikeD

    MikeD I'm Your Huckleberry Staff Member Global Moderator "Philanthropist"

    Messages:
    12,492
    The House will pass it

    It may very well pass the Senate given the current legislature.

    It will be fought in the SCOTUS. I doubt it would stand but I'm not overly confident based on recent decisions. I want to have confidence in our "conservative" justices but am used to disappointment.

    If it stands it will kill the firearm industry, which it is intended to do. I dont yet see any scenaio where it doesn't.

    We're only one month into this. The storm hasn't even come close to beginning yet and once it gets rolling were in for a world of hurt...and that is me being optimistic...
    cmcdonald and meanstreak like this.
  3. Ernst

    Ernst .30-06 Supporter "Philanthropist"

    Messages:
    1,178
    Protection of Lawful Commerce in Arms Act (PLCAA) of 2005 has tested and upheld in court several times including in 2020.

    That Act, passed in 2005, 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.

    Will be interesting to see how Congress approaches this issue. Doubt it will be a standalone measure.

    My guess - the closer we get toward the 2022 Congressional elections the less likely members will have an appetite for gun control measures. However, given that Biden has already issued 63 Executive Orders in First 30 Days this may be the mechanism to address gun control. However, implementation of some executive orders have been held up by the courts.

    Regards
    meanstreak and ripjack13 like this.
  4. John A.

    John A. Unconstitutional laws are not laws. Staff Member Administrator Global Moderator

    Messages:
    16,079
    We should be able to sue individual members of the government when they make laws or enforce laws or otherwise do something that harms people.

    This includes elected officials (especially).

    Of course, government always exempts itself from everything that the they are legally allowed to do.
  5. S.R. Crawford

    S.R. Crawford .270 WIN

    Messages:
    205
    Even if you could sue them they have better lawyers than you
    Last edited: Mar 3, 2021
    meanstreak and John A. like this.
  6. Tom396

    Tom396 .30-06

    Messages:
    1,667
    The ways things have gone lately, I have no idea what will or will not be passed in the current situation. However, if it is passed, it will be a very dark day for gun owners/gun buyers. Take care. Tom Worthington
    cmcdonald and meanstreak like this.
  7. John A.

    John A. Unconstitutional laws are not laws. Staff Member Administrator Global Moderator

    Messages:
    16,079
    I don't think gun owners will be the only folks who will have a very bad day. But, I've been wrong before.

    Very frequently even.
    cmcdonald, meanstreak and MikeD like this.
  8. meanstreak

    meanstreak .30-06 Supporter "Philanthropist"

    Messages:
    4,305
    Yes.
  9. CaddmannQ

    CaddmannQ 12g Supporter

    Messages:
    9,575
    (At least one month in 12 we should have a cheerful question.

    I am getting gloomed-out.)

    anyhow....maybe. They need support in the court they don’t have to make it stick.

    Also, many Dems have interest in ammo & weapons companies. It is surely not all public info either.
    meanstreak and Rodburner like this.
  10. Rodburner

    Rodburner .270 WIN

    Messages:
    465
    I have to believe they will leave gun liability issues on a case by case threshold. I don’t see how blanket litigation would stand up when cars and smoking kill more people but go about their business. But guns are the issue du jour so it can’t be ruled out.
    CaddmannQ and meanstreak like this.
  11. meanstreak

    meanstreak .30-06 Supporter "Philanthropist"

    Messages:
    4,305
    Smoking and cars are not what prevent them from turning citizens into subjects. 6 or 7 months ago the left was astonished that Trump would use federal agents or military to protect property from United States citizens, i.e. antifa/BLM. The rioting continues in Portland, show of force continues in a basically empty U.S. Capital.

    My theory is they are afraid of the people because of what they are doing to the country.

    So part of the equation is to disarm the populace by any and all means necessary. Common sense says holding a gun manufacturer responsible for the actions of an individual is akin to holding an automobile manufacturer responsible for the actions of a drunk driver.

    The difference is not based on common sense, but rather an agenda to take complete control of this country.
    carbinemike and S.R. Crawford like this.
  12. CaddmannQ

    CaddmannQ 12g Supporter

    Messages:
    9,575
    Nothing about what the government does has to be legal as long as it is supported by enough people that they can muscle their way around the law.

    It helps enormously if the people providing support are rich, powerful and influential.
    meanstreak likes this.
  13. Scoop

    Scoop .30-06

    Messages:
    2,417
    Sure. Dems will try.

    Manufactures just need to put an extra disclaimer in the docs that says:
    Do not use this product in an irresponsible manner and do not disobey any federal, state or local laws.

    Problem solved... right?
    meanstreak and Rodburner like this.

Share This Page