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If guns are so bad why have they not been sued like the tobacco industry or subject to class action law suits?
Well, those type of actions were being used until Congress passed the Protection of Lawful Commerce in Arms Act in 2005. The law shields the gun industry from class action and other legal actions to hold them accountable. There are six exceptions to the law, but they are narrowly defined to product defects.
Quote:
There are six exceptions to the blanket civil immunity provided by the PLCAA:
1. an action brought against someone convicted of “knowingly transfer[ing] a firearm, knowing that such firearm will be used to commit a crime of violence” by someone directly harmed by such unlawful conduct;
2. an action brought against a seller for negligent entrustment or negligence per se;
3. an action in which a manufacturer or seller of a qualified product knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought;
4. an action for breach of contract or warranty in connection with the purchase of the product;
5. an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage;
6.an action commenced by the Attorney General to enforce the Gun Control Act or the National Firearms Act.4
I believe if this law and other gun immunity laws were repealed the amount of gun violence and school shooting would drop and drop dramatically. Hit anyone in the pocketbook and there will be meaningful corrective action.
Last edited by TreeBeard; 02-24-2018 at 10:33 AM..
This will happen if the Democrats seize the government in 2020. Which is what will happen if the Republicans don't wake up and smell the coffee on gun control before then.
I barely remember a case about a rifle that fired inadvertently and killed a few people and it was known by the manufacturer at the time, and yet they ignored it. You would think that there was a legal case her for personal injury/death that they caused because of this, and yet the plaintiffs failed in their lawsuit because of this law (if memory serves, its been many years).
Remember, the NRA owns the GOP wholesale. Whatever they tell them to do, legal or otherwise, they do.
Dairy Queen does not have a federal law protecting it. Why does the Gun Industry?
Because the gun industry owns the NRA and the NRA owns the Washington DC swamp monsters, from the Capitol to this president. It is corruption at its finest--a legal mafia.
"...While that is still part of the organization's core function, today less than half of the NRA's revenues come from program fees and membership dues.
The bulk of the group's money now comes in the form of contributions, grants, royalty income, and advertising, much of it originating from gun industry sources...."
If I eat at Dairy Queen it is my decision. If I get shot it is the action of a third party.
At any rate you're wrong, the law was passed by cronies of the gun industry...the gun crazy right-wing to use your vernacular.
Well, technically, dairy queen gets it's base/food from another company, so, by your logic, you should be able to sue that company, because they made you fat.
Whats next, suing car companies because a drunk driver killed someone? Man, that's a liberals wet dream right thee, you could sue the car company and the beer company, talk about a winning the jack pot....
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