President Joe Biden recently asserted, incorrectly, that the firearms industry is the only industry in the United States that cannot be sued. He did so while announcing a priority of his administration to expand civil lawsuits against firearm manufacturers and sellers so they are liable for the damages caused by criminals who misuse a firearm to kill or injure others. This administration priority is akin to having victims of a drunken-driving accident sue the manufacturer of the car that struck them instead of the drunken driver.
Specifically, Biden wants to open the door to more litigation against the firearms industry by repealing the Protection of Lawful Commerce in Arms Act of 2005. This act, which was adopted with bipartisan support, is far afield from the one-of-a-kind blanket industry immunity law that Biden and others have suggested. The president can hardly be faulted for mischaracterizing this law, though, because the PLCAA has been repeatedly mischaracterized over the years, including by former Secretary of State Hillary Clinton during a 2016 presidential debate with Vermont Sen. Bernie Sanders, who voted for the act.
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