NRA-ILA: Biden Plots Sneak Attack Against U.S. Firearms Industry

President Joe Biden. (Photo: Joe Biden/Facebook)

By NRA-ILA

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 affect 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.

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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 we’ll 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.

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{ 44 comments… add one }
  • Scott Kitzerow February 1, 2021, 6:16 pm

    Is it any wonder, a few months ago Chinese leader Xi Jinping said, “American citizens should not have guns.”. An aggressive adversary the world over. He knows he can overtake our soft military. But like other leaders have said in the past, they would not want to go up against the millions of American citizens with guns. And 50+ percent of those gun owners are combat trained veterans.

    Biden and gun control advocates succeed at eliminating citizens guns, or reducing fire power through magazine capacity, then they leave the doors wide open for Chinese 200 million man army to shock and awe the US Mainland.

    We could never be a militia with 10 shot magazines, and bolt action rifles, against 30-100 round magazines of the Chinese army.

    Chinese are expansionists and the greatest thing thing have going for them is time and commitment. They know how to wine and dine out leaders through drunkin greed, sex and etc.

  • bruce porter February 1, 2021, 2:05 pm

    Geez, I thought this blog was about the hardware of guns, not a sounding board for a bunch of looney tunes who believe that forest fires are caused by Jewish space lasers, that little kid actors staged the Sandy Hook massacre and that, yes, Biden falsely cast some 6 million votes for himself, yet no one can find any evidence. You guys!

    • Scott Kitzerow February 1, 2021, 5:44 pm

      Then you are as naive as the rest of Biden/Democratic voters. The evidence has been presented, not by lawyers, judges, politicians , but buy thousands citizens the worked by and in the poles. But you are the perfect example of how a government can control it’s people through the state owned media.

      If you have not gone out of the main stream media to find the truth; CNN, ABC, CBS, MSNBC, and etc. You will never know the truth, or exactly what happened. Your just a puppet on a string.

    • Thomas February 1, 2021, 10:20 pm

      We saw the evidence of massive cheating in Georgia ,and I’m sure If they were able to get away with blatant cheating in Georgia it was a lot easier in the other states that had massive overnight swings in vote count after the counting stopped Tuesday night.

    • DELCO February 2, 2021, 3:59 pm

      Bruce I am not close to being a conspiracy theory guy, and usually this site is about the hardware. That said over 400 sworn affidavits by individuals around the country who either saw, or were instructed to alter on the ground ballots. Having the state legislature completely stepped over (which is illegal) so that ballots could be sent out as well as the way they were counted. Having fundamentally changing the way we vote , not needing ID to vote, all these things are way to much of a coincidence Bruce. To back up, fake Russia hoax, Trump spied on, FMR head of CIA, and intell dept. Brennan, clapper spreading misinformation on Tv but then when behind closed doors and under oath admitting what they had been saying to the public was BS. To have anything remotely negative said about Biden/Harris pulled from social media, but allowed all types of garbage to be spread about Trump. To allow Hillary to bleach bit, and destroy electronics and give immunity to all dems? If the info on those laptops and cells phones wasn’t ABSOLUTELY DAMAGING and proved how bad the corruption was within the Obama, Clinton camps then Clinton/ Obama would not have gone through the trouble destroy those devices. Must have been some really corrupt shit to go through all that making sure all that info was deleted. Biden’s ties to China, and they are very very real. So Bruce excuse me if some don’t believe the election was on the up and up. Biden can’t spell his last name anymore, and anyone who is a real honest American won’t go along with this cancel culture everyone is a racist that disagrees new way of doing things by the democrats.

  • DAVID MILLER February 1, 2021, 11:09 am

    Rumor is heelsup smothered my pillow man

  • JOE February 1, 2021, 11:02 am

    READ THE BIDEN IS COMING FOR YOUR GUNS ARTICLE. SAME THING AS OBAMA WAS COMING FOR YOUR GUNS. OBAMA DIDNT BREAK YOUR DOORS DOWN AND CONFISCATE YOUR GUNS UNLESS YOU WERE DOING SOMETHING ILLEGAL. IT DOESNT MATTER WHO IS IN POWER. IF YOU DID SOMETHING ILLEGAL, GOV MAY BREAK YOUR DOOR DOWN NO MATTER WHO IS IN POWER. IF YOU OPENLY PURSUED THE VIOLENT OVERTHROW OF OUR DEMOCRACY AND ARE CAUGHT DOING SO, DOORS 🚪 MAY BE DOWNED AND FIRE 🔥 ARMS CONFISCATED.
    IF THE ORANGE FORKED TONGUE HAD STAYED IN POWER AND PERFECTED HIS BID TO BE THE FIRST USA 🇺🇸 DICK TATER,
    AS A DICK TATER HE COULD OF EASILY MADE IT ILLEGAL TO OWN FIRE 🔥 ARMS WITHOUT OPPOSITION. ITS WHAT DICK TATERS DO.
    SO CAREFUL WHO YOU ROOT FOR ESPECIALLY IF THEY SPEAK WITH A FORKED TONGUE 🐍.

    • John Boutwell February 1, 2021, 1:19 pm

      Son, you may need to have someone intelligent explain who and why Dems. want to take away everyone’s guns because you clearly are missing some points.

    • Gerald Mahle February 1, 2021, 3:43 pm

      Government may not break your door down ever UNLESS there’s a domestic dispute/hostage situation, terror act, etc. Even if you’re doing something illegal. Unless they have a search warrant. Your thought process is juvenile and, worse, imbecilic. There isn’t enough time or crayons to explain the world to you. Please resume your meds and quit trolling.

    • DELCO February 2, 2021, 4:15 pm

      Joe you are unfortunately confused. First off the dems were not even close to as radical as they are now. The social media monsters were hiding who they really were a few years ago, now it’s in the open , Silicon Valley is one of the 2 arms running the dems now, the other arm is the left wing agenda driven NYT, CNN, MSDNC , WAPO and others. It’s never been close to this. Go on FB post something negative about Biden/Harris , it’s removed instantly, then post that exact same negative message about Trump or any republican and YEP it’s staying posted. You said Trump was a dictator? Haha buddy Biden has signed more executive orders then any POTUS EVER. Biden can’t even take questions because he has zero idea what he is even authorizing joe. Our borders are now a mess. Obama put a stop on 22LR ammo. So joe where you are lost is they might not start kicking in doors. No they are kicking in the court room doors making it possible for Gun Manufacturers to be taking to court by every low life liberal lawyer that says say Sig Sauer would be responsible every time some loser decides to shoot up a gas station. No one said it would be a fair fight joe, and Biden /Harris absolutely intend to say F the constitution, we will throw meat to our Anti American base anyway they can. Why they are at it joe, I guess open borders, and making us dependent on foreign oil again is fine with you dems as well. All I want is to put America first, make people responsible for their own lives , and keep the government from expanding like it does under dems.

  • Ken February 1, 2021, 10:57 am

    We have gained a lot of 2A rights in the recent past… let’s not over react and do things that will garner public support for their diminishment.

    Open carry while involved in political discussion or protest scares the devil out of non gun owning civilians… enough to associate us with violent politics. Every civilian watching that on TV will be frightened into voting anti gun.

    Same for walking into a local restaurant armed to the teeth just because we can. Imagine being a mom sitting there with your two kids and four guys bristling with AR’s walk in. That mom will be on social media in two seconds complaining about how she almost had a heart attack.

    Similarly, imagine a dinner table conversation about a family’s concern that the newly proposed Constitutional Carry laws will allow crazy uncle Charlie, who habitually picks fights with everyone, go about armed.

    I am 74. Vietnam vet, good guy bad ass, etc… I’ve been carrying since age 15… mostly illegally until the CCL’s of the 90’s.

    We have the best gun laws I’ve seen in my life…. let’s not let a bunch of pot bellied wannabes ruin that.

    • Shanz February 1, 2021, 2:09 pm

      Your comment has no relevance to the article. Your examples are outrageous and erroneous.

  • John Boutwell February 1, 2021, 10:34 am

    Biden can kiss my butt!

  • Bones February 1, 2021, 9:52 am

    I’ll ask you fools again ..cuz no one can answer…the 2A states the right to bears arms shal not be infringed…but it doesn’t say what kind of arms…right ? Using that philosophy ..one could argue the point that ANY arm shall not be infringed…( including tanks ,missiles,bazookas and nukes…which all must admit is quite insane..)it clearly doesn’t state that….and it’s been proven in numerous court cases that firearms CAN be restricted and regulated to a certain extent…I mean …HOW COME YOU FOOLS DONT CRY ABOUT using only 3 shells in yer deer,turkey or goose gun ???that’s clearly a restriction you have lived with forever !…assault style weapons and high cap mags are just range toys for boys..admit it..even though I trust NO ONE…… I’m more worried about citizen nut jobs with guns than I am a so called tyrannical government.. you guys want the old Wild west ..looking over your back 24/7 …an educated politician is harmless to me compared to trigger happy crooked cop or crazed gun nutjob whose lost his mind !..I can vote out a politician if they f@%k up..not true with the other 2..come with your knowledge jackasses !

    • Shanz February 1, 2021, 2:14 pm

      Once again I’m pretty sure you don’t know anything about firearms. More media buzz words. Eww AR. Eww High capacity mag. Educated politicians? Yup nice try but you guys are really easy to spot. Try sounding a little less retarded next time might help with your propaganda spewing.

    • Bob February 1, 2021, 4:07 pm

      Look cuz you know nothing about the constitution so stop acting like you do. BE more concerned about your gang banger buddies who are committing the majority of gun violence in this country, it is not the police or right wing militants, just look up the murder rate in Chicago for one.

  • Randall Cazier February 1, 2021, 9:17 am

    Its time for a revolution, a voters revolution. Time to remove all these old cronies from office at once. Drain the swamp as they say. Term limit was passed by the people years ago and our elected officials overturned it because they want control. Well they now have control, the Dems control our every move now with this phony virus pandemic. You can only work, eat , travel or be entertained if they say so. Its way past time for a change, the people need to take charge, the constitution gave us the instructions.

  • Dave February 1, 2021, 7:00 am

    I’m so sad the direction our United States is heading. It’s going to be a long 4 years

    • Dick Jones February 1, 2021, 10:18 am

      In 2 YEARS, you will be able to correct things by winning the House and Senate seats to your liking. Then again in 4 years along with the presidential election.

      • Shanz February 1, 2021, 2:20 pm

        It doesn’t matter who votes or how many vote anyone. They are turning America into one giant California. A one party system with no representation for those in less populated rural areas. Although we are seeing mass migration from big city areas into small more conservative towns.

  • Dave February 1, 2021, 6:45 am

    That’s why all firearms company’s need to stand together and say if we can’t arm the civilians then we won’t sell to military or police

    • Dick Jones February 1, 2021, 10:21 am

      —and then they all go broke and the leftists win.

  • Steve shaffer February 1, 2021, 4:12 am

    Until we hold our elected representatives in washington accountable for not honoring their oath of office to defend our constitutional rights, and try them for this treasonist act; they will continue to get away with it.

    • Dick Jones February 1, 2021, 10:25 am

      AMEN …….. unfortunately the reality is that there will be no accountability unless we win back and maintain Congress and the Senate…….. Possibly the only way to return our country to reality…….. Pray that not too much damage is done before we get our next chance in 2 years.

  • amos January 30, 2021, 11:22 pm

    It’s here, like we knew it would be. So now what? Y’all ready to stand and be counted, or are y’all just gonna talk trash on here? Better start making some kind of plans, and keep quiet about whatever you decide.
    I know where I’m at.
    Best regards to each of you,
    Amos

    • Dick Jones February 1, 2021, 10:28 am

      Do your thing ….. just don’t do things that fuels the wrong fire and gives them ammunition against your agenda.

  • Stephen January 29, 2021, 12:42 pm

    Who does this prick think he is?

    • Penrod January 29, 2021, 11:08 pm

      Biden and associates believe they are so wise and benevolent that they are thereby obliged as responsible citizens to ignore the inadequate US and State Constitutions and rule the peasantry as we need to be ruled for our own good and their profit.

      I know enough such people to be satisfied that that is EXACTLY their viewpoint. Arrogant, condescending, imperious, smug, self satisfied, and utterly benevolent.

      Oh, by the way: they don’t care how many gun owners have to be killed in the Noble Quest to reduce violence. Defy their laws at mortal risk, and don’t bother claiming you lost your guns in a tragic boating accident. Since their consciences are pure, they will arrest, imprison, or gun down as many Americans as needed without any qualms whatsoever, because they are doing so for our own good.

      Yes, that is the way they really think.

    • Jrp February 1, 2021, 10:00 am

      He’s the Alzheimer’s patient that just got away stealing a presidential election right in front of your eyes. Proof everywhere of election fraud yet no court heard a case. They were all dismissed before hearing so the proof couldn’t be shown in a court of law. They are going to do whatever they damn please because when you you own all 3 branches of government who is going to stop you. We can’t say “Just vote them out” because they will just use their “handy” little network of people and their trusty little algorithm to “install” whoever they want.

  • DELCO January 29, 2021, 12:00 pm

    We knew this was coming. More cancel Cultural only using our court system. If they were able to Cancel the My pillow guy for selling pillows , then anything is possible for these Anti American dems and their supporters to accomplish. Biden sent 40 plus thousand pipeline workers to the unemployment line without hesitation, he made us dependent on foreign oil , he made it illegal to deport VIOLENT illegals back to there countries, all within his first week. Biden is a mental mess who literally got put into office with help from his billionaire Wall Street friends , and Silicon Valley buddies. Heard of PARLAR ? How about ROBIN HOOD and what they did on Wall Street all because the hedge fund liberals were outsmarted by hardworking young people who played by the rules and were tired of the being screwed by shorting of stocks. Wake up . It’s a war against a left wing anti American force never seen EVER.

  • jeff January 29, 2021, 11:34 am

    if firearms industry isnt liable for things unhinged people do, then why does facebook and big tec get a pass? We should not be fact checked and supressed in our freedom of speech if it were true. Take away facebook and all their buddies protection that they think they have.

    • Kane January 29, 2021, 1:17 pm

      Include Big Pharma and the psychotropics also should be legally liable for any acts committed by the users of these questionable meds. Doctors that prescribe the “kiddie cocaine” can also be legally liable.

  • Big John January 29, 2021, 11:03 am

    Too bad the NRA has totally hobbled themselves by their greedy unscrupulous actions. After pocketing MILLIONS of dollars in our donations, they get caught with their fingers in the cookie jar by the NY Attorney General and go “bankrupt” WHEN WE NEEDED THEM MOST!!! I’m sure not one thin dime will leave Wayne LaPierre’s hands- YET the board of directors keeps him on. Utterly disgusting!!! Does the NRA believe restructuring in Texas will bring back all we “cash cows” with our tails wagging??? ME THINKS NOT.

    NRA=No Real Action They can dump LaPierre and restructure or be lost to the trash bin of failed organizations, it’s up to them. They are in the same position as the Republican Party right now…irrelevant!

    • Mike P February 1, 2021, 8:57 am

      Well said!

  • michael January 29, 2021, 10:15 am

    TRUMP won and we all know it.

  • 1911 January 29, 2021, 9:45 am

    “Shall Not be infringed”

  • Bones January 29, 2021, 8:53 am

    Yep .thats all we need is more guns for more nutjobs… lets just have a giant shootout and get it all overwith…you guys are just a bunch of fake christians…. you have your god to pray to…you dont need a gun.. a thought and a prayer will work for you and your ilk… now me.. im an atheist.. i can have what i want and not be hypocritical idiot.. and have a calm conscience…what you fools say?

    • Winston January 29, 2021, 9:34 am

      Hey Bones:

      Shoulda had da’ slab da’ pees da’ porda’, dat swim be hurtin’ me to da’ bone jacked me up! Shheet.

      • BR January 31, 2021, 4:43 pm

        You gotta love that flick.

    • Dave January 29, 2021, 10:07 am

      We do have a loving God to pray to. But we have to answer when we are called to action as well. That’s responsibility not hypocrisy. If you’re really an atheist, I implore you to have a shootout with yourself, life means nothing to you anyway.

    • Michael January 29, 2021, 2:34 pm

      Atheist? I think bigot is more descriptive. You just lumped a whole group of people with diverse political and theological belief systems into one category. You also fail to recognize there are LGBT, Jewish, Asian, Middle Eastern, European, Physicians groups, etc that are avid firearm enthusiasts. And here lays the problem with well-intentioned folks like you: You can’t see your own hypocrisy (in your case stereotyping a diverse group of people) and then presume to lecture others about morality as if you were the smartest person in the room. Your comment is nothing more than an incoherent rant complete with poor punctuation, abysmal sentence structure, and logical fallacies. I suspect that your reasoning and thinking in this area is as lazy and ill-thought as your reply.

    • El Zorro January 29, 2021, 5:49 pm

      Ah saidt sit mofo…

    • Jrp February 1, 2021, 10:09 am

      We fools say you better duck then. Also thank god literally that people believe in a higher power or we would all be serial killers if there were no consequences. Don’t give me the “I have a conscious and the law stops me from doing it” Bullshit. It’s called god fearing people. You better hope atheist they never prove beyond a doubt there is nothing but a dirt nap after this because there would be a lot more terrible things happening. Laws don’t mean shit unless they are followed by god fearing people. The constitution proves that.

  • Gus January 29, 2021, 4:34 am

    Imagine that, the RACIST DEMOCRAT that bought the election with fake votes is doing everything the Constitution protects against to DISARM AMERICA so he doesn’t need 25,000 soldiers around him to protect him from the AMERICAN PEOPLE.

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