Hillary: Impose Gun Control by Judicial Fiat

By David T. Hardy. November 2nd, 2016

It's no news that Hillary Clinton is against guns (except those in the hands of people who protect the high and mighty) and enthusiastically in favor of restricting gun owners. When it gets down to specifics, her position does become vague, with some exceptions. One of those exceptions stands out only because of its obscurity.

Hillary really, really, wants to repeal the Protection of Lawful Commerce in Arms Act. The PLCAA essentially protects gun manufacturers and gun dealers from being sued unless, well, they have done something wrong. It's a perfectly simple standard that would apply in any other field of human endeavor.

The reason for the PLCAA's enactment was simple. As law professor Timothy Lytton wrote, before PLCAA was enacted: "By 2000 gun litigation was regularly front-page news, and manufacturers faced potentially bankrupting industrywide liability exposure as a result of suits by dozens of individual victims, over thirty cities, and the State of New York." These suits were based upon various elaborations of the argument that "guns are used in crime, and so gun manufacturers should pay for what criminals have done." Some sought to impose liability even where no one could prove what gun criminals had used: the theory was that all gun makers should pay for all gun crime, in proportion to their annual production level.

Hillary's focus on repealing the PLCAA seems strange: it's been on the books for eleven years, it was passed by 2-1 bipartisan majorities (65-31 Senate, 283-144 House), and every suit it has blocked is one that should never have been filed. Yet oppose it Hillary does. ......  (Read rest of article).

The dangers if the PLCAA is repealed are enormous.. Overall, it would be the most draconian single event to empower crippling gun control. Instead of Congressional control over gun laws, we could see terms made by court order instead - effectively enabling achievement of almost all previously attempted gun controls that had previously failed. In effect, the democratic process would be null and void, with Congress all but powerless to repeal a judgement. This could be "Gun Control 101".

"You don't have to be Jewish to fight by our side."

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