Commerce In Arms Act Research Paper

2017 Words9 Pages
Protection of Lawful Commerce in Arms Act P.L. 109-92 : S. 397 Firearm related products have the potential to provide both public health positive and negative effects on society. Firearms can be used by law enforcement officers and others to save lives, although each year in the United States guns are affiliated with about 30,000 deaths and 65,000 nonfatal injuries. Firearms, a dangerous product considered under public health and safety, to U.S. citizens bring forth litigation against firearm industries. The Protection of Lawful Commerce in Arms Act (PLCAA) is, “a bill to prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages,…show more content…
In rebuttal to a lawsuit such that type the PLCAA will instantly dismiss the case. A case that represents this specific action is Ileto v. Glock. In 2003 the authority power of the PLCAA is applied in this California case. In Ileto, Buford Furrow, a convicted felon, illegally purchased firearms from a private-party and used those firearms to shoot six people in a 1999 shooting spree injuring five and killing one. Victims and others affiliated in the shooting sued Glock, claiming negligent marketing and public nuisance. Glock aimed for a dismissal for two reasons, that they could not be held liable for the criminal acts of Furrow and as the manufacturer, Glock owed no duty of care to the third-party victims of Furrow's firearm misuse. Furrow's criminal firearm misuse constituted a superseding cause of the victims' injuries for which Glock could not be held responsible. This was before the PLCAA was enacted. This claim had not come to a conclusion prior to the PLCAA, therefore, still…show more content…
To those cases that have been opened after the bill was passed were immediately dismissed or denied. In Section 2 of S.397 states and explains all the findings and purposes of which the bill upholds or protects. S.397 was initially proposed because it imposed on the liability of an industry entirely because of others abusing the legal system. It counters our Nation’s laws which present a loophole in our legal system. Therefore, the executive, legislative, and judicial branch will enforce S.397 to protect firearm industries and our legal system from those attempting to hold them accountable for their criminal or unlawful misuse of firearms or ammunition products. Many people that are injured by firearms or use certain types of ammunition will not be able to hold makers or sellers responsible for the user’s accident or act that resulted in an injury or death. Many lawsuits that were brought to court before the PLCAA were majority criminal cases which resulted with dismissals because the courts believed that manufacturers should be held liable for the acts of criminal cases. Some difficulties or loopholes that can possibly prevent the PLCAA from being enforced is if a consumer or victim claims that the firearm product could have prevented an injury or death if it had specific safety regulations such as:

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