When the ironically-named Protection of Lawful Commerce in Arms Act was passed (it should have been called Protection of Fat Contributions for Members of Congress Act), the NRA’s Wayne LaPierre thanked President Bush for signing the Act, for which it had lobbied, describing it as “… the most significant piece of pro-gun legislation in twenty years into law”.
And yes, it was. Because without it, guns could have been restricted and the lobby’s back broken, just as litigation did with the tobacco industry. (Did I mention that Bernie Sanders still defends his vote in favor?)
(Read this Rolling Stone article to get some idea of how the NRA maintains a stranglehold on legislators.)
Now, in the wake of the March for Our Lives, a NYTimes opinion piece calls for the reinstatement of liability laws.
The N.R.A. claims that the act is necessary to protect gun manufacturers and sellers against unfounded lawsuits. Unlike cars, hammers, tobacco and alcohol, its argument goes, guns are intended to kill. But our legal system has multiple checks to filter out lawsuits that lack merit. There is no reason for the gun industry to have special protections that are unavailable to other businesses that sell products that pose far less risk of harm.
One element of the N.R.A.’s argument is true: Guns are inherently dangerous. But there are proven ways to make them safer. One study found that more than 40 percent of accidental gun deaths could have been avoided if the gun was equipped with at least one safety feature. Because of the act, gun manufacturers have no incentive to include such features.
After the Parkland shooting, American Outdoor Brands, Smith & Wesson’s parent company and the manufacturer of the weapon used in the Parkland shooting, announced that it would not “manufacture and market” products with additional safety features (including trigger-locking technology) and that it does not “invest in R. & D. in this area” because doing so would be “irresponsible.” Perhaps the repeal of the law would change this cynical narrative.
Gun sellers likewise enjoy broad immunity. They can sell dozens of weapons and thousands of rounds of ammunition to a single buyer who could resell them on the black market or plan a mass shooting without fear of legal accountability. Federal law requires only a perfunctory background check, and the employee handling the background form may be an untrained clerk. Without the threat of civil liability, gun sellers have no incentive to adopt more rigorous procedures or to provide training to their employees, which could stop a violent tragedy at the point of sale.
Democrats in Congress have introduced a bill to repeal the Protection of Lawful Commerce in Arms Act. Congress should pass that bill. The gun industry doesn’t deserve a special legal perk that immunizes it from liability. And the victims of gun violence deserve their day in court.
Contact your representatives.
