Newtown, CT -[ via AmmoLand.com] – The National Shooting Sports Foundation (NSSF), the trade association for the firearms industry, issued a statement today to correct the record and refute ongoing misrepresentation of the Protection of Lawful Commerce in Arms Act (PLCAA) by Hillary Clinton . . .

In a Democratic presidential primary debate in Michigan Sunday, Mrs. Clinton again falsely charged that the firearms industry is totally immune from liability due to the Protection of Lawful Commerce in Arms Act (PLCAA) and that the law should be repealed. Mrs. Clinton has prevaricated about the law on several occasions.

To cite one example, at an Oct. 7, 2015 forum in Iowa, Clinton wrongly claimed, “They are the only business in America that is wholly protected from any kind of liability. They can sell a gun to someone they know they shouldn’t, and they won’t be sued.”

Politifact found Mrs. Clinton’s rhetoric about the law to be entirely false. In fact, Congress has passed limitations on liability for other industries, including small aircraft manufacturers, internet service and content providers, and vaccine makers.

The PLCAA was passed by Congress with support from both sides of the aisle in response to dozens of baseless lawsuits filed in the late 1990s orchestrated out of then President Bill Clinton’s White House to put gun companies out of business by seeking to blame them for the actions of criminals who misused firearms. On Sunday, Hillary Clinton described this spurious line of legal reasoning as “promising.”

The PLCAA expressly allows legitimate lawsuits based on knowing violations of federal or state law related to gun sales, or on traditional grounds including negligent entrustment or breach of contract. The law also allows product liability cases involving injuries caused by a defective firearm. Hillary Clinton’s repeated claim of total immunity is a knowingly false statement.

In a Feb. 26 op-ed in the Wall Street Journal, legal scholar Victor E. Schwartz wrote, “The notion that Congress gave gun manufacturers inappropriate immunity from lawsuits is a fiction. Instead the 2005 law stands for the unremarkable premise that when a business makes or sells a lawful product, but the product is used in an unlawful way, it is not the fault of the maker or seller. It is the fault of the criminal.”

Without the protection against junk lawsuits, such as the PLCAA provides to our industry members, many of America’s most critical industries would go out of business from the time and costs of frivolous lawsuits. Industries cannot and should not be held legally responsible for the wrong-doings of individuals who purchase their products legally and then proceed to use them illegally.

The PLCAA protects the lawful manufacturing and selling of legal non-defective products that provide for the exercise of a Constitutionally-protected right of Americans.

As we noted this past fall on the ten-year anniversary of the passage of this law, we call on politicians to get their facts straight when discussing it and urge current lawmakers political office seekers alike to defend the law for the common sense reform that it represents.

About NSSF:

The National Shooting Sports Foundation is the trade association for the firearms industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of more than 13,000 manufacturers, distributors, firearms retailers, shooting ranges, sportsmen’s organizations and publishers.

For more information, visit www.nssf.org.

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29 Responses to NSSF Corrects the Record on Firearms Industry Liability

  1. Clinton knows this, but she is purposely lying. Sad part is her followers actually believe her and then repeat the same BS.

  2. Prevarication by Hillary Clinton? That just doesn’t seem possible! Surely you are mistaken, we all know the those poor downtrodden descendants of the Barbary Pirates would never fire RPGs and machine guns at a US Consulate unless their Profit had been insulted beyond all measure by a YouTube video!

    • Considering that the entire history of the Clintons has been to support and defend any attack on the Second Amendment as a cynical attempt to influence the foolish or under educated folks for the purpose of gathering and maintaining power, this sort of prevarication is to be entirely expected.

  3. It does not really matter because the base of the Democrat party would never bother to lookup the real information and they probably believe that the Politifact information is a right wing conspiracy.

  4. I buy a round of ammo overtime I hear the Hillabeast lie. I have over 200,000 rounds and climbing.

    The problem is that her support base is not bright enough to think for themselves, never mind actually research important topics such as this.

    • “I buy a round of ammo overtime I hear the Hillabeast lie. I have over 200,000 rounds and climbing.”

      As Ralph once quipped: “Where do you live, and when are you not home?” 🙂

    • That reminds me of this old chestnut:

      Hillary Clinton died and went to heaven. As she stood in front of Saint Peter at the Pearly Gates, she saw a huge wall of clocks behind him. She asked, “What are all those clocks?” Saint Peter answered, “Those are Lie-Clocks. Everyone on Earth has a Lie-Clock. Every time you lie, the hands on your clock will move. “Oh,” said Hillary, “whose clock is that?” “That’s Mother Teresa’s. The hands have never moved indicating that she never told a lie.” “Whose clock is that?” “That’s Abraham Lincoln’s clock. The hands have only moved twice telling us that Abe only told 2 lies in his entire life.” “Where’s Bill’s clock?” Hillary asked. “Bill’s clock is in Jesus’ office. He’s using it as a ceiling fan.”

    • I bought one round of ammunition every time George bush lied and I now have 600,033 rounds of ammunition.

  5. “We need to make guns safer!”
    “Guns are designed to kill!”

    I’d love to be there and ask her how, if guns are made to kill, they can be made safer. Just to watch her stumble all over herself like a slinky going down a flight of stairs

    • AWB’s, feature bans, magazine limits, ammo bans, you know cause apparently a .223 round is more powerful than a .30-06 so you don’t need it to hunt with since it is “overkill”

      If all else fails turn them in Australian style!! /sarc

  6. Constitutional rights and the Bill of Rights are not relevant to Hillary Rodham who favors confiscation like in Australia. As a lawyer she should know better. Her dishonesty began publicly when she was on the democrat legal team in the Watergate Hearings. Just Google Hillary Rodham and Watergate to see what she did. By the way, why did she have to surrender her Bar license? Anybody know?

  7. What they can’t do through normal course of law, they’ll try by other means. If they can’t get rid of guns by banning them, they’ll sue them out of existence. The end game and end goal are the same.

    We have negligence, malice, and fraud laws. Any persuasion that doesn’t meet the standard from those isn’t illegal, just because you don’t like their position. This proposal is one more attempted weaseling way toward Soviet Science.

    /Rant
    You know, my proposal for presumptive-nominee Clinton is simple. I’ll consider this kind of special liability for gun manufacturers, when you pass a law opening up liability prosecution to politicians and advocates for stuff they say.

    Oh, wait. The DOJ has already been “discussing” prosecution for people who “illegitimately” argue the wrong position on climate change. Also, there’s a ruling making the rounds that bad financial advice should carry penalties. While I’m all for less Cramer bloviating in the world, really, this won’t be used to shut people up when they call shenanigans on administratively convenient shenanigans.

    Has nobody watched The Big Short? A BUNCH of people knew the bubble was a bubble. The criminals, IMO are not the ones who called BS on the BS, but rather the folks who kept advocating for how robust the economy and housing markets were, when they knew better. That and the folks who set up the policies and programs that led to and allowed the mess in the first place.

    Come to think of it, bring on the financial malfeasance legislation. First guy in the dock is William Jefferson Clinton. Next show trial is everybody who proclaimed Dodd-Frank would fix any damn thing.

  8. Gun manufaturers are liable. If I buy firearm and it blows up using their recomended ammo, their liable. If I buy a gun and kill someone Im liable. The two have nothing in common. Whats next, sueing Jim Beam for makin whiskey I got drunk on?

    • Jim Beam is bourbon. Yes, all bourbon is whiskey, but all whiskey isn’t bourbon. So, Jim is bourbon.

  9. The Big Short is Anti-Capitalism BS
    I hate to give any attention to Michael Lewis’ The Big Short, since the wildly popular book told a fundamentally misleading story of the crisis which sadly has become conventional wisdom. And it wasn’t just harmlessly inaccurate; it directed public and even lawmaker attention away from the real drivers of this debacle.

    • Anti-capitalist? Really?

      My take on Lewis’ book is that it could be selectively sampled to create an anti-capitalism spin, and was … by people who would work hard to spin Friedrich Hayek as a socialist, and have.

      That said, and acknowledging that he, personally, has some discomfort with Wall Street culture, to me is book is decidedly not a polemic but is, in fact, pretty factual. The whole story of “The Big Short” is some savvy money folk who saw the bubble when everybody else was doubling, tripling, many-pling down on real estate and it’s derivatives, which in the event was stupid. The question is why did so many, from such different backgrounds, for so long *stay long* on these precarious things.

      I’m missing something, obviously. It reads to me like: “Dumb and greedy people doing, and encouraged to do stupid things, and the only people who caught the mess in the face of relentless propaganda were foaming, analytical money-managing capitalists.”

      It’s easy to rant just about sub-prime mortgages, the people borrowing into houses they can’t afford (there’s a great vignette on this in Lewis’ book), developers selling into a bubble, loan originators and “bundlers” churning away (who many of the short-ers revile, out loud), banks lining up to buy this stuff as secure capitol, and the govt policies that distorted every one of those markets and biased every one of those transactions, encouraging every one of those dumb things. (Distorting policies include at least: anti-red lining, reduced capital requirements, mortgage interest tax deductions, ridiculous capitalization and liability requirements on banks, and bogus bond ratings.) These are all true causes. Lewis mentions all of them, as do several of the people he interviewed, more forcefully than he.

      Sincerely, how is this story anti-capitalist?

  10. I thought Bolshevik Bernie actually got this one right about Hitlery, in that this would stop all gun manufacturing in the USA.
    I see very few articles, blogs, or posts stating where Hitlery is really going with this.

  11. I can’t wait until her first debate with Trump. Say what you want about him but he wants a big beautiful wall and hasn’t backed down once. Even the other Republicans have a path to amnesty, not trump, take the test in ENGLISH. Do it the old school way and join the army in the 1860’s like the Irish did to get their citizenship. I’m not afraid of Trump, I honestly believe he’ll bring jobs back, Ford and Carrier have already sent jobs to Mexico. The hard working people of this country are tired and don’t want to worry when their job is leaving.

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