Protection of Lawful Commerce in Arms Act - The Second Circuit is "W"rong

The law (click title to entry - thank you) was written by the former Senator Larry Craig and signed into law by Georgie, but, that isn't why it is unconstitutional.


This seems fairly straight forward to me, actually.


It violates States Rights.  In other words it allows the distribution of firearms by manufacturers to any state in the union in complete disregard of the State Legislation to prohibit them.


If California wants to make the sales of Assault Guns illegal this removes that by not holding responsible the manufacturers for the illegal distribution into the California.


Section 3 -
Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm....


It allows free interstate arms sales and transportation regardless of the laws of the State.  Manufacturers have no responsibility to be sure their firearms are not found in California if they are prohibited there.  That means they can sell freely to Nevada without any concern about the sales and transport to other states or over the border to Mexican Drug Cartels.


It allows manufacturers to sell to any gun shop, anywhere without worrying about whom their customers are.  So, if a gun shop in Texas wants to sell weapons to mules going to Mexico the manufacturer has no liability in allowing such activity.  As a matter of fact it encourages the sale of more guns 'for profit' REGARDLESS of the ultimate customer or use.


So, while American gun manufacturers should be held liable, as a deterrent, to the ultimate use of their product, instead they can sell them like water from a faucet.  Imagine a group of rebels seeking guns for use against law enforcement in the USA.  A very real scenario.  There is no liability for the uncontrolled manufacture of guns going anywhere in the USA or abroad.  


Better yet, Brazil.  Brazil is one of the NRA's pride an joy.  There are regular killings of innocent people in that country now because the Brazilian landscape is saturated with weapons.  


The banner reads: “586 dead police officers - for less than R$ 30 a day”. The daily rates for a police officer in Rio de Janeiro is $17 a day. Photo by Thiago Velloso  (click here)


S. 397 PLCAA was actually passed when the height of deaths of police officers were being realized in Brazil.  The NRA was active in promoting the gun presence there and literally the Brazilian government could not stop it.


S. 397: Protection of Lawful Commerce in Arms Act

10/26/2005--Public Law. (This measure has not been amended since it was passed by the Senate on July 29, 2005.

The NRA Takes on Gun Control -- in Brazil (click here)

The defeat of a historic referendum to ban guns in South America's largest country has the American pro-gun group's fingerprints all over it....

October 25, 2005



Brazilians flatly rejected a plan to ban the commercial sale of firearms and ammunition in a historic national referendum on Sunday. The vote is a victory for Brazil's wealthy gun lobby which opponents say used strategies learned from the National Rifle Association to shift public opinion.

An estimated 122 million citizens took part in the referendum -- the first of its kind in the world -- and preliminary counts showed 64 percent went against the ban while 36 percent backed it. The referendum -- which asked the simple question "Should the commercial sale of guns and ammunition to civilians be prohibited?" -- divided the country, a world leader in gun deaths, into "não" and "sim" camps....

So, while the NRA was overtaking the efforts of the government, through fear tactics of course, to stem the flow of guns into Brazil, Georgie and his friends were busy in Washington, DC to allow all the guns flowing into Brazil free of liability by their manufacturers.


The Brazil circumstances are case in point regarding PLCAA.


It is difficult to believe Brazil hasn't brought human rights issues against the manufacturers and THE USA, primarily George Walker Bush, given this legislation that protects the GOP's cronies.


Protecting cronies is an 'economy at any cost.'  

...Two months ago, polls showed 60 to 80 percent of Brazilians favored the ban as a way to control the estimated 17 million small arms that are circulating in the country. But as the vote neared, and as both sides of the issue were given free television time, a slick media blitz by the gun lobby appears to have shifted enough voter opinion....


I don't consider the legislation and NRA's involvement in Brazil a coincidence.  It absolutely is not.  Hence, the argument against PLCAA.  It is too dangerous a law.  It acts in contradiction of the sovereignty of nations and the protections of people.  


Blanketing a nation with firearms is not wise.  I think the last count of guns on the loose in the USA was 300 million.  That is one per person.  That is ridiculous and increases the STATISTICAL incidence of what happened in Ohio.  If there are more guns on the streets there will be more gun deaths.  So, for states and countries that want to reduce the violence unleashed against its citizens there is no defense against this level of exploitation.