“Protection of Lawful Commerce in Arms Act” (PLCAA)

Posted 2 months ago — Ooley Law Blog

At the 18:20 mark, Mike Ooley and Alex Ooley discuss the “Protection of Lawful Commerce in Arms Act” (PLCAA) with Paul Lathrop from the Second Amendment Foundation.

Essentially, the purpose of the PLCAA is to prevent frivolous lawsuits against firearms related companies whose products are used by others to commit crimes. The PLCAA prevents lawsuits against these companies for harms caused by the actions of third-parties.

Joe Biden wants to repeal the PLCAA in an effort to kill the firearms industry by a thousand cuts by forcing companies to defend these types of frivolous lawsuits.

Essentially, the purpose of the PLCAA is to prevent frivolous lawsuits against firearms related companies whose products are used by others to commit crimes. The PLCAA prevents lawsuits against these companies for harms caused by the actions of third-parties.

Joe Biden wants to repeal the PLCAA in an effort to kill the firearms industry by a thousand cuts by forcing companies to defend these types of frivolous lawsuits.

It is useful to look to the statute itself, which states the purpose of the PLCAA (15 U.S.C.A. § 7901):

The purposes of this chapter are as follows:

(1) To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended.
(2) To preserve a citizen’s access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting.
(3) To guarantee a citizen’s rights, privileges, and immunities, as applied to the States, under the Fourteenth Amendment to the United States Constitution, pursuant to section 5 of that Amendment.
(4) To prevent the use of such lawsuits to impose unreasonable burdens on interstate and foreign commerce.
(5) To protect the right, under the First Amendment to the Constitution, of manufacturers, distributors, dealers, and importers of firearms or ammunition products, and trade associations, to speak freely, to assemble peaceably, and to petition the Government for a redress of their grievances.
(6) To preserve and protect the Separation of Powers doctrine and important principles of federalism, State sovereignty and comity between sister States.
(7) To exercise congressional power under article IV, section 1 (the Full Faith and Credit Clause) of the United States Constitution.