Explore The NRA Universe Of Websites

APPEARS IN News

Biden Plots Sneak Attack Against U.S. Firearms Industry

Monday, January 25, 2021

Biden Plots Sneak Attack Against U.S. Firearms Industry

Joe Biden has unveiled his agenda for his first 100 days in the White House, and his list includes an initiative aimed at nothing less than the destruction of the U.S. firearms industry. This is what would happen if Biden succeeds in his pledge to repeal the Protection of Lawful Commerce in Arms Act.

Imagine if firearm manufactures and sellers – even those who strictly followed the laws enacted to regulate their industry – faced potential civil liability every time a criminal misused a firearm. The effect would be similar to holding automobile makers and dealers responsible for injuries caused by drunk drivers. No business, no matter how conscientious and law-abiding, could ever survive being liable for the acts of millions of random people over whom it had no control.

And that is exactly why the law generally imposes no duty on a person or entity to control the acts of third persons to prevent them from causing harm (unless the person or entity has certain types of relationships with those causing the harm or being harmed).

Yet gun control activists in and outside of government hoped to rewrite that principle when it came to the makers and sellers of firearms. During the 1980s and ‘90s, a coordinated series of lawsuits against the gun industry sought to hold these businesses responsible for the criminal acts third parties committed with firearms.

The plaintiffs knew they faced an uphill climb legally, but winning cases wasn’t necessarily the point. They could also prevail by bankrupting the targets of their predatory litigation by forcing them to defend multiple suits simultaneously in courts throughout the nation or by extorting industry members to adopt “best practices” that required them to follow the terms of unsuccessful gun control legislation. 

This egregious abuse of the legal system to destroy an industry providing constitutionally protected goods and services sparked a bipartisan response from coast to coast. Thirty-four states passed laws to block these suits in their own courts. Finally, in 2005, Congress followed these examples by enacting the Protection of Lawful Commerce in Arms Act (PLCAA) to provide a floor of protection nationwide.

While portrayed by opponents as providing “extraordinary” immunity to the firearms industry, the essence of the PLCAA is simply that the gun industry would be subject to the same rules of third party liability that apply to other businesses. Thus, the PLCAA prohibits, in state or federal court, a civil action or administrative proceeding by any person against a manufacturer or seller of a firearm, ammunition, or “component part” thereof, or a trade association, for harms resulting from the criminal/unlawful misuse of the product by the person or a third party.

Contrary to the way the PLCAA is portrayed by the antigun media and other opponents, it does not provide “absolute immunity” to unscrupulous gun companies. Most common and legitimate forms of recovery are still available to plaintiffs under the PLCAA, including those based on the manufacturers’ or sellers’ own violations of gun control laws or laws governing the sale or marketing of the products; negligent entrustment by sellers; breach of contract or warranty; design or manufacturing defects (when the harm was not caused by a volitional criminal act); and enforcement of federal gun control laws.

In other words, while the PLCAA has been successfully used to block litigation arising from the behavior of third parties, it allows various sorts of suits alleging harm from the manufacturers’ and sellers’ own bad actions.

Yet even relative parity under the law is too much for Joe Biden and his gun control collaborators. That is exactly why Biden pledged during the campaign to repeal the PLCAA and why his agenda for his first 100 days in office includes introducing legislation to accomplish this goal.

Eliminating a defense to certain forms of civil liability is not a move likely to generate the same kinds of headlines as gun bans and mandatory taxing or surrender programs (also features of Biden’s larger gun control agenda).

But make no mistake, repeal of the PLCAA would potentially have even more devastating impacts than new federal prohibitions on the types of firearms Americans could own. That is because it would leave to the imaginations of thousands of greedy trial lawyers and activist judges reasons for why this or that type of firearm or ammunition is “too dangerous” to be available to the American public. These suits, moreover, would undoubtedly be underwritten by any number of billionaire activists, creating a litigation war chest that no single player in the gun industry could match.

Congress saw the existential threat these tactics posed to the industries that support America’s Second Amendment, as well as its defense and security infrastructure. That is why the PLCAA enjoyed broad bi-partisan support, including from the likes of Vermont Sen. Bernie Sanders.

But politics change, and now Biden believes there is an appetite in his caucus to inflict mortal damage to the U.S. firearms industry.

The NRA is determined to prevent that. But well need your help. More than ever, gun owners will need to be active and engaged to defend their freedoms in this perilous new political climate

TRENDING NOW
New Mexico Supreme Court Upholds Governor’s “Public Health Emergency” Carry Ban in NRA Challenge

Saturday, March 8, 2025

New Mexico Supreme Court Upholds Governor’s “Public Health Emergency” Carry Ban in NRA Challenge

In 2023, New Mexico Governor Michelle Lujan Grisham issued an executive order declaring gun violence a “public health emergency” and banning the carry of firearms in various locations throughout the state.

Supreme Court Skeptical About Mexico’s Attempt to Pass Buck to U.S. Gunmakers

News  

Monday, March 10, 2025

Supreme Court Skeptical About Mexico’s Attempt to Pass Buck to U.S. Gunmakers

Yesterday, the U.S. Supreme Court heard oral arguments in a case in which the Mexican government is attempting to hold members of the U.S. gun industry financially liable for drug cartel violence south of the border.

Senators and Representatives Send Letter Urging Repeal of Biden-era Rule Damaging the Firearms Industry

News  

Friday, March 7, 2025

Senators and Representatives Send Letter Urging Repeal of Biden-era Rule Damaging the Firearms Industry

On March 5th U.S. Senator Mike Lee (R-UT) and U.S. Representative Mark Green (R-TN-07) sent a letter to Secretary of Commerce Howard Lutnick urging him to rescind an interim final rule (IFR) that the Biden Administration ...

Red Flag Laws: The Pop-Tart Gun to Prison Pipeline?

News  

Monday, March 10, 2025

Red Flag Laws: The Pop-Tart Gun to Prison Pipeline?

Several years ago, a seven-year-old boy was suspended from school for chewing his breakfast pastry into the shape of a gun and pretending to fire it at his second grade classmates. A school official stated the child ...

California: Bill to Restrict Self Defense Rights Introduced in Legislature

Friday, February 28, 2025

California: Bill to Restrict Self Defense Rights Introduced in Legislature

The California legislative session is currently underway and anti-gun lawmakers are once again wrongly focusing on law-abiding citizens instead of focusing on actual criminals.

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

New Mexico: Semi-Auto Ban Legislation Held Over in Committee Until Friday

Thursday, March 6, 2025

New Mexico: Semi-Auto Ban Legislation Held Over in Committee Until Friday

Yesterday the New Mexico Senate Judiciary Committee met to continue discussions on Senate Bill 279 (GoSAFE). The author did not accept the committee substitute to amend the near all-encompassing ban on semi-auto firearms with equally ...

Maine: Progressive Lawmaker Believes There Are No Deer in Northern Maine.

News  

Wednesday, March 5, 2025

Maine: Progressive Lawmaker Believes There Are No Deer in Northern Maine.

This week, extreme anti-hunting lawmakers testified to restrict coyote hunting in Maine.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York’s “Concealed Carry Improvement Act”

Wednesday, February 26, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York’s “Concealed Carry Improvement Act”

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to hear a challenge to New York’s “Concealed Carry Improvement Act.”

Washington Post Pivot to “Personal Liberties and Free Markets” Sparks Skepticism

News  

Monday, March 10, 2025

Washington Post Pivot to “Personal Liberties and Free Markets” Sparks Skepticism

Jeff Bezos, owner of The Washington Post, recently announced to the staff of the newspaper that the publication’s opinion section would henceforth be advocating for “personal liberties and free markets” without contradiction. “I am of ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.