| PLCAA Upheld in New York |
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| Written by Daniel White | |
| Monday, 19 May 2008 | |
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The Protection of Lawful Commerce in Arms Act, passed by the U.S. congress in 2005, was credited as the cause of the 2nd U.S. Circuit Court of Appeals striking down an earlier ruling against Beretta U.S.A. Corp. Beretta had been sued by New York City, at the direction of Billionaire anti-gun Mayor Michael Bloomberg, alleging the company was responsible for the use of their firearms by criminals. This is exactly the type of frivolous lawsuit the PLCAA was enacted to prevent, and the Court did the right thing. It has long been a strategy of the anti-gun lobby to find a way around what they see as a failure to act of the legislature. It was hoped that activist judges would accomplish their gun control goals by making it too expensive for manufacturers to stay in business. 2nd U.S. Circuit Court of Appeals has verified that the PLCAA has teeth and that the will of the legislature is upheld. Holding a business responsible for the criminal misuse of their product is something that only makes sense to the most unscrupulous of lawyers and those who would only use it as a tool to achieve their own short-sighted goals. |