A new measure introduced in the U.S. Senate aims to strengthen the protections offered to gunmakers against lawsuits stemming from the unlawful use of their legally manufactured and lawfully sold products.
First, some background information. In 2005, Congress enacted the Protection of Lawful Commerce in Arms Act (PLCAA) as a legal defense for gun manufacturers and dealers when combating frivolous lawsuits regarding products that are legally manufactured and sold but later used to commit crimes. However, since the PLCAA lacks an independent basis for removal to federal court, state courts must reference the federal question jurisdiction statute, which triggers the “well-pled complaint rule.” This rule requires that the statutory basis for removal under 28 U.S.C. 1331 be apparent on the face of the plaintiffs’ complaint.
This conflicts with the broader requirement of having only a federal ingredient in either the claim or defense for Article III jurisdiction under the Constitution. Consequently, state attorneys general and plaintiffs have become inventive in ensuring that complaints filed in state court do not trigger the well-pled complaint rule’s requirements for removal to federal court under the PLCAA.
The new Protection of Lawful Commerce in Arms Act Jurisdiction Act, introduced by U.S. Senator Mike Lee, R-Utah, would create an independent basis for transferring frivolous lawsuits against them to federal court, especially those stemming from the illegal use of their products by unrelated third parties.
“We cannot allow law-abiding Americans to lose their Second Amendment rights through unjust attacks on those who legally make and sell firearms,” Sen. Lee said in a press release announcing the measure. “This legislation will save businesses from frivolous lawsuits and forum-shopping by amending the Protection of Lawful Commerce in Arms Act, defending the right of all Americans to keep and bear arms.”
A House version of the measure has been introduced by U.S. Rep. Harriet Hageman, R-Wyoming. Rep. Hageman said anti-gun advocates have been circumventing the provisions of the PLCAA for too long and need to be stopped.
“Anti-Second Amendment activists have long used lawfare as a weapon to attack our constitutional rights,” Rep. Hageman said. “Throughout my time in Congress, I’ve consistently defended law-abiding gun owners. This legislation reinforces my commitment by ensuring radical gun-control advocates cannot hurt firearm manufacturers by filing politically motivated cases in state courts.”
Ultimately, the newly introduced act would add a provision to the PLCAA stating that cases filed in state court that meet the requirements for protection under the PLCAA can be removed to federal court so that gun manufacturers and dealers can qualify for the liability protections created by Congress. This legislation would advance the PLCAA’s goal of ending abusive, frivolous litigation by minimizing forum shopping and other efforts to weaponize the U.S. legal system against the firearms industry.
Senate co-sponsors for the measure include Republican Sens. Josh Hawley of Missouri, Ted Budd of North Carolina, Rick Scott of Florida, Bill Cassidy of Louisiana and Marsha Blackburn of Tennessee.
but ted’s against it.
A good thought at end-running this particular facet of lawfare.
Hopefully it doesn’t just remain a Bill on Capitol Hill.
Next, snag a page from the Lefty playbook and start looking hard at Lefty lawyers who might need to lose their license to practice or even get locked up.
I like this. I like this a lot.
Add personal liability for elected officials and judges. Which cannot be paid for with public funds (including insurance).
Trump’s FBI Reforms Need To Include Ending Its Data Distortions On Crime.
“…
Trump was right. When the FBI released its numbers for 2023 in September 2024, it hid that it had revised its earlier crime data for 2021 and 2022, hiding the increase in 2022.
The FBI press release never mentioned that the bureau had revised its violent crime for 2022 data from a 2.1 percent drop to a 4.5 percent increase. Their full report itself only vaguely mentioned that they had revised the data in a footnote. Just days before an election in which crime was been a top issue for voters, despite repeated requests for clarification from the press, the FBI continued to hide the revisions.
…
The FBI isn’t the only agency that hides or distorts data. The Centers for Disease Control (CDC) under the Biden administration suppressed data proving that armed citizens help prevent crime by removing its estimates of defensive gun uses from its website. For almost a decade, the CDC referenced a 2013 National Academies of Sciences report noting that people used guns to stop crime anywhere from about 64,000 to 3 million times a year.
That decision to remove the data came after gun control activist Mark Bryant, founder of the Gun Violence Archive, lobbied the CDC to remove defensive gun use estimates because it ‘has been used so often to stop [gun control] legislation’ by ‘gun rights folks.’ Soon after, the CDC removed estimates of defensive gun use from their website.
There are severe problems with other government crime data, such as the hate crime counts that depend on subjective reports.
…”
h ttps://thefederalist.com/2025/02/14/trumps-fbi-reforms-need-to-include-ending-its-data-distortions-on-crime/
The left-wing death cult marches on: Did USAID Funding Freeze Really Kill a Thai Woman?
“Not even close.
Surprise, surprise. A massively wealthy NGO–the International Rescue Agency–killed a Thai woman to make a political point.
…
The story, reported by The Telegraph, tells us that a poor Thai woman was expelled from a hospital after USAID funds dried up and subsequently died due to lack of oxygen.
The story is truly horrific, but the horror was not caused by Bad Orange Man but by the policy choice of an immensely wealthy NGO that was more interested in making a political point than taking care of their patient.
…”
h ttps://hotair.com/david-strom/2025/02/13/did-usaid-funding-freeze-really-kill-a-thai-woman-n3799792
So american taxpayer dollars are keeping Thai hospitals open.
Sawadee Krap what am I getting in return?
johnson announces reconciliation bill. simple majority, bypasses filibuster.
and luna will head the declassification task force.
BOOM: Biden’s USAID Paid Terrorists, and Here’s HOW They Did It.
h ttps://pjmedia.com/victoria-taft/2025/02/14/we-told-you-usaid-paid-terrorists-now-we-believe-we-now-how-they-pulled-n4936990
Point and Laugh: Desperate Democrats Will Try Resurrecting Defunct ‘Office of Gun Violence Prevention’
h ttps://twitchy.com/amy-curtis/2025/02/14/dems-resurrect-office-of-gun-violence-prevention-n2408320
I’m getting tired of some politicians defending the 2Amendment through lawsuits and bills that protect.
What I wouldn’t get tired of is politicians getting thrown in prison for not defending the constitution they swore to protect.
If ya kill someone with a Ford car does Ford have to pay up?
Depends. If Harrison Ford was driving the car …
Okay, that’s funny. Harrison Ford is dead to me anyhow, after letting his character get shish-kabobbed in the Star Wars movies.
Dum bass.
And Mark Hammill is also dead to me. For being a weak passivist tool of Hollywood and the left.