The Biden administration has two avenues for pushing gun control using either the executive powers or the Congress.
While Biden's first round of executive actions was devoid of any gun control, more gun control is in the works within the first 100 days. Biden intends to repeal the Protection of Lawful Commerce in Arms Act (PLCAA) immediately after taking office.
"My first day in office," Biden declares in a video, according to Ammoland, "I'm going to send a bill to Congress repealing the liability protection for gun manufacturers, closing the background check loopholes and waiting period that now let too many people slip through the cracks."
Thirty-four states blocked third-party liability lawsuits against gunmakers before the enactment of the PLCAA, thus inspiring the passage of the law. Consequently, the law was a necessity occasioned by most states' desire to protect their constitution against abuse and their gun industry against discrimination.
Biden's proposal is another reason why we need the Second Amendment sanctuary states by passing laws like those filed in Texas and Arizona.
The rush to push the anti-PLCAA measure within 100 days aligns with Kamala Harris' promise to take executive action on gun control if Congress failed to pass similar measures within the timeline. It's not a difficult guess who is calling the shots in the Biden administration.
If the motion succeeds, it will open the floodgates of frivolous lawsuits bankrupting the American firearm industry by pushing major manufacturers out of business. This would allow the anti-gun administration to save face by denying any involvement in the firearm industry's collapse.
Contrarily, the administration would boast of "bringing justice" to the victims of crime by allowing them to sue the companies "responsible for their predicament." However, such an action would be tantamount to scapegoating and blaming the innocent party for crimes committed by people whose actions were beyond their control.
It would be similar to suing alcohol and car manufacturers for every road accident caused by drunken drivers. Evidently, this form of legislation amounts to discrimination against the firearm industry because it does not apply to any other sector.
Biden's campaign misled Americans that "this law protects these manufacturers from being held civilly liable for their products – a protection granted to no other industry." However, the truth is that no other industry where manufacturers are liable for third parties' actions.
While such lawsuits have little chance of succeeding, they would overwhelm the gunmakers who would incur colossal legal expenses to defend themselves against multiple lawsuits.
This would negatively affect the margins of the already struggling firearm manufacturers, forcing them to shut down. Additionally, it would be almost impossible to sell firearms to private citizens because of the possibility of abuse.
The hostility towards PLCAA is based on misinformation that the law provides total immunity towards firearm manufacturers. In reality, they are still liable for violating various gun laws, including negligent entrustment or arming of criminals, product safety, and false advertisement. PLCAA only protects the gun manufacturers and sellers from liability originating from third-party actions beyond their control.
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