A New York bill introduced in the legislature is designed to skirt the PLCAA by defining the “misuse” of guns as a “nuisance.” If someone misuses a gun, the new bill allows people to sue the gun business. The whole purpose of the PLCAA was to prevent such ridiculous lawsuits. But due to the large faction of Democrats in the New York legislature, a bill introduced by NY State Sen Zellnor Myrie could pass. They want to break the firearms industry.
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Breaking the firearms industry
The federal Protection of Lawful Commerce in Arms Act gave gun companies immunity from suits over the illegal use of their products. But it contained some exceptions, such as when they violate laws relating to “the sale or marketing of the product.”
After the act’s passage, then-New York City Michael Bloomberg carried on with legal challenges against manufacturers, claiming they had run afoul of the state’s nuisance law. But a federal appellate court found in 2008 that this law wasn’t suitable grounds for a case, as the exemption applies only to laws that “expressly regulate firearms.”
Myrie’s bill would categorize the misuse of guns as a nuisance.
Industry members could be sued for actions that “recklessly create, maintain or contribute to a condition in New York state that endangers the safety or health of the public through the sale, manufacturing, importing, or marketing of” a gun.
“There is no question in my mind that this is a public health crisis and a public nuisance that should be dealt with accordingly,” he said. “They have a business model that is predicated on their products flowing into the illegal market, and although they are loosely regulated in other states, the blood that is spilled ends up being the kids in Brownsville and Rochester and Albany, and I don’t think New Yorkers should accept that.”
“We can really set a standard that the rest of the nation could follow, that if you are going to make money off a deadly product, then you should build in the safety precautions that are necessary to protect the product from killing people on our streets,” Myrie said.Politico
Once again, Democrats are not targeting the criminals, whom they let out of jail without even a penny of bail, by the way. New Jersey also has a similar measure. Democrats appear to view law-abiding gun owners as the great evil of the universe … and especially the firearms industry.
In other words, if a criminal steals a gun or buys it on the black market and then uses it in a carjacking, Myrie wants the gun maker to be sued because they made and marketed the firearm…
…This legislation isn’t designed to stop crime. It’s meant to destroy the firearms industry. Even if every one of the inevitable lawsuits fueled by the bill are eventually tossed out of court, gun makers would still be forced to spend millions of dollars defending themselves in these cases. And if a jury were to decide one of these cases in favor of the plaintiff, the financial award could be large enough to force a gun maker to close up shop.Cam Edwards, Bearing Arms
This is not a “standard” that other states should use. It’s doubtful that red states will do so. But it’s almost a sure bet that New York and New Jersey will follow it. The bill would not make anyone safer. It would simply kill the firearms industry.
Featured Photo: screenshot file
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