You are viewing a single comment's thread from:
RE: Weapons manufactures have no incentive to protect #WeThePeople.
I guess you disagree with their assertion that the gun industry is immune from lawsuits?
To answer some of your examples:
- Car into pedestrian. If someone does run over a pedestrian, they can sue everyone they want. If a gun is used the manufacturer cannot be sued. The car company would have no liability, unless it is found they marketed a new line of cars specifically to people who like to run over pedestrians...and added special features.
- Baseball bat and Walmart is a false comparison. To compare it to gun manufacturers, you'd have to sue the baseball bat manufacturer. They might be liable, if they had a special line of bats designed specially for murderous people...with special hand grips and shit. In this example, Walmart and the baseball bat manufacturer would win any lawsuit...but they could be sued. Not a gun manufacturer. And, since you brought up Walmart, and they are the largest ammo dealer in America, they COULD be sued for gun deaths. They'd win the suit, unless they knowingly sold ammo to a killer.
Product liability is a complex field and allows for almost anyone to sue anyone else.
Gun manufacturers and a few other industries are exempt from such civil lawsuits.
Gun manufactures would only go bankrupt, if they had marketing practices that did nothing to ensure their weapons and ammo don't get in the wrong hands.
I don't think the gun manufacturers are quite the incompetent business people you claim they are. I think they would adapt, if they played by the same rules everyone else does...they'd figure it out.
The right to bear arms doesn't include the right to manufacturer and distribute weapons of war to civilians. I re-read my pocket Constitution twice, honest.
I do. Because they're not. They can be, and have successfully been, sued for a variety of reasons. They are also not immune to lawsuits stemming from gross negligence in supplying firearms.
The law is specifically in response to lawsuits specifically intended to do exactly what I said, bankrupt gun manufacturers. They sell a Constitutionally protected product with a wide variety of legal uses... but not to consumers. Firearms are sold to licensed dealers who then sell them retail.
There are arguments to be made for dealer liability, in very narrow circumstances.
And SCOTUS disagrees with you that 2A doesn't apply to what you're calling "weapons of war." There's a distinct legal difference between actual "weapons of war," such as the M16 and civilian variants such as the AR15. Legally distinct meaning SCOTUS has explicitly separated the two platforms in their official ruling. Going even further, SCOTUS explicitly considers tasers to be "in common use" with around 200,000 in civilian use and protected by the 2nd Amendment. There's quite a few more AR15s than that.
PLCAA is a good law that protects a controversial, but fundamentally legal and protected, industry from lawsuits intended specifically to damage the industry for existing.
It's funny.
You acknowledge the PLCAA, yet continue to blather on that the industry can be sued. This law shields manufactures from most liability and negligence claims.
You say there is no such protection, then you say oh, wait, the protection they get is gooooooooood?!?!?!?
Which is it?
https://www.thenation.com/article/this-bill-would-strip-legal-immunity-from-the-gun-industry/
Alright, so you have no idea what PLCAA actually does or why it's necessary.
Maybe you should read the actual bill instead of letting someone else, with an obvious bias, tell you what it does.
Maybe you should also read about some of the lawsuits brought against manufacturers for actual free market and product issues, rather than for simply existing.
Maybe you should also realize that eliminating the means by which a right is exercised means eliminating that right.
Hey, look, I didn't even have to weirdly make three separate replies. Do some research, because it's very clear that you haven't.
The industry is NOT part of the Second Amendment. This industry does NOT have the right to do what the fuck they want. This industry is NOT mentioned in the Second Amendment, nor did the Supreme Court re-write the Constitution to give them Constitutional protection.
The NRA did that work through Congress.
Individual gun OWNERSHIP is protected under the Constitution...not indiscriminate production and distribution of guns.
I simply believe that free enterprise and the free market are a better solution than relying upon government/socialistic interference.
If the CEO's are as incompetent as you fear, there are many qualified CEOs in America who could handle the challenges of a true free market.