In anti-gun states, 2023 means new laws are taking effect, including more restrictions on Americans exercising their Second Amendment rights and baseless attacks on the firearm industry that supports that most critical constitutional right that protects all our freedoms.
Fortunately, these attacks are running up against a bipartisan federal law enacted to protect against this very effort.
Golden State Gun Blues
California Democratic Gov. Gavin Newsom rammed through egregious gun control laws last year. The outcry was so great he was forced to backpedal on some after facing legal challenges of his own. Still, California’s SB 1327 took effect Jan. 1 and allows private residents to file lawsuits against gun manufacturers if they violate the state’s so-called “assault weapons” ban or ban on firearm sales to anyone under 21 years old, according to Breitbart News. It’s being called a political stunt by Gov. Newsom who’s toying with a presidential run.
Dan Walters of Cal Matters highlights the counter-intuitiveness of the law. It’s all just political theater.
“The firearms that are specifically targeted by the legislation are already illegal under California law and the major arms makers that Newsom implies would be punished take great pains not to sell the prohibited products,” Walters wrote.
Walters hits center bullseye on SB 1327 saying, “Finally, a federal law… protects firearms manufacturers from liability suits.”
Groupthink Gun-Grabs
Since last New Year’s, over 16.4 million guns were sold at retail, including 1.7 million through December and the holidays, according to NSSF industry data. Even in states with strict gun control laws and anti-gun governors, they bought guns in historic numbers. States like New York, New Jersey and Delaware enacted flawed laws of their own that give residents the idea they can sue lawful gun manufacturers for the crimes committed by criminals.
New York expanded its “public nuisance” law to allow the state, local governments and the victims of crimes to file civil suits against gun makers and firearm distributors if firearms are criminally misused. NSSF sued New York Democratic Attorney General Letitia James to block the law’s expansion, which is now being used as the basis for lawsuits by the cities of Rochester and Buffalo, N.Y., against firearm manufacturers.
In New Jersey, Democratic Gov. Phil Murphy enacted several gun control laws and vowed to go further to “hold gun manufacturers accountable.” He created a state office with the sole purpose of suing gun manufacturers, the Statewide Affirmative Firearms Enforcement Office.
“We’re going to use it aggressively and we’re going to hold the [gun] industry accountable,” Democratic Attorney General Matt Platkin said. “With the establishment of this office, we are sending a clear message to every participant in the firearms industry: if you violate our laws, you will pay.”
The industry which produces legal products isn’t violating laws by providing for the exercise of the Second Amendment by law-abiding Americans.
Delaware Democratic Gov. John Carney signed a package of six gun control bills, including a provision “holding gun makers and dealers liable for gun violence.”
A representative from Delaware Moms Demand Action stated, “The bottom line is that all of these bills… they’re all going to make us safer.”
Again, suing a lawful firearm business that provides a legal gun to a Delawarean who passed the FBI’s National Instant Criminal Background Check (NICS) does nothing to punish the criminal who’s illegally buying black market guns or illegally transporting a gun into Delaware. And it doesn’t make anyone safer.
Not to be outdone, California passed its own unconstitutional version patterned on the New York, New Jersey and Delaware statutes.
Federal Protections
These flawed laws won’t keep guns out of the hands of criminals but are aimed at harming the lawful firearm industry through endless and frivolous lawsuits. The federal Protection of Lawful Commerce in Arms Act (PLCAA) was enacted to stop just that. The PLCAA passed with wide bipartisan support in 2005 and was signed into law by President George W. Bush in response to a wave of lawsuits that were aimed at putting those companies out of business based on circumstances beyond their control.
Noted legal scholar and Professor Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University, described these public nuisance lawsuits as, “absurd.”
“Product liability and tort actions against manufacturers have uniformly and correctly been rejected by the courts,” Turley wrote. “Guns are lawful products, and holding companies liable for later misuse of such products is absurd.”
It’s akin to suing Ford for a death due to a drunk driver crashing his F-150 truck.
Blue-state Democratic governors may continue attacking the firearm industry and pushing gun restrictions on law-abiding citizens while criminals will keep ignoring laws and committing crimes. The reality is the only thing these governors are doing is wasting taxpayer dollars on legal defenses for their unconstitutional laws.
In a world filled with uncertainty, being prepared for emergencies is essential. When faced with unexpected situations, the first survival tool you need is the ability to make the right choices. Whether it’s selecting the right portable solar generator, stocking up on survival food, or investing in a reliable water filtration system, making informed decisions
In “Veterans’ Insights on COVID-19: Perspectives and Challenges,” gain valuable perspectives from veterans about navigating through the ongoing pandemic. Discover their unique experiences and the challenges they face, providing you with an inside look at how veterans are adapting and overcoming obstacles during these unprecedented times. With their insightful perspectives, this article sheds light on
In the midst of the ongoing COVID-19 pandemic, it is crucial to prioritize maintaining our health and well-being in order to prevent the occurrence of a second wave. With the uncertainty surrounding the virus and its potential to resurge, taking proper precautions has become more important than ever. From practicing good hygiene and social distancing
When it comes to building a survival stockpile, one of the most essential items to include is water. Water is not only vital for hydration, but it is also necessary for tasks such as cooking, cleaning, and sanitation. However, storing water can be a challenge, as it can easily become contaminated or go bad over
During the ongoing COVID-19 pandemic, it is crucial to provide guidance and support to vulnerable individuals who may be at higher risk. This article aims to offer helpful tips and suggestions to ensure the well-being and safety of those who may be more susceptible to the virus. From practical advice on hygiene practices, to recommendations
If you’re the proud owner of a Patriot Power Cell, you’re in luck! This quick start guide will provide you with all the information you need to get started on maximizing the potential of your power cell. From charging your devices to understanding the various features and functions, this guide will ensure that you have