President Joe Biden’s SOTU speech has enough lies in it to keep fact checkers busy for a while.
“The Associated Press fact checked President Joe Biden’s State of the Union claim that gun makers enjoy immunity from lawsuits and found it ‘false,’ reports Breitbart News.
Biden claimed there is a ‘liability shield that makes gun manufacturers the only industry in America that can’t be sued, the only one.”
The AP retorted: “That’s false. While gun manufacturers do have legal protections from being held liable for injuries caused by criminal misuse of their weapons thanks to the 2005 Protection of Lawful Commerce in Arms Act, they are not exempt or immune from being sued.”
Breitbart News reported:
PLCAA is very narrow in scope. It shields gun makers from lawsuits in situations where a gun, criminally used, was legally made and legally sold.
In other words, Glock cannot be sued over a handgun that was used in crime if that handgun was legally made then distributed from the factory to a Federal Firearms License holder (FFL), then sold via a National Instant Criminal Background System (NICS) check to an individual at retail.
The text of PLCAA states: “Businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation, or sale to the public of firearms or ammunition products that have been shipped or transported in interstate or foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended.”
However, the protections set forth PLCAA do not shield gun manufacturers from lawsuits over defective goods, criminal misconduct on the part of the gun maker, etc. In other words, the protections in PLCAA do not provide gun makers with ‘legal immunity.’
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