Immunizing the Gun Industry: The Harmful Effect of the Protection of Lawful Commerce in Arms Act

The following article appeared on the Center for American Progress website on January 15, 2016:

Barbie and GunsWhat is the Protection of Lawful Commerce in Arms Act?

The Protection of Lawful Commerce in Arms Act, or PLCAA, is a federal law enacted in 2005 that grants broad immunity from liability to gun manufacturers and dealers in federal and state courts. PLCAA prevents plaintiffs from filing lawsuits against gun manufacturers or dealers in many cases when these parties have been negligent and there has been “criminal or unlawful misuse” of a firearm or ammunition—regardless of whether plaintiffs are seeking monetary damages or injunctive relief.

The law includes some narrow exceptions for permissible civil lawsuits against gun manufacturers and dealers, including for knowingly transferring a gun to a person with the knowledge that they intended to use it in a crime of violence; violating state or federal laws governing the conduct of the Continue reading “Immunizing the Gun Industry: The Harmful Effect of the Protection of Lawful Commerce in Arms Act”