Though the Biden administration has made the passage of stronger gun control measures a top priority in its first few months, a recent court decision has dealt Democrats a significant blow by denying the president something he said he wanted most.
As the Washington Examiner reports, back in March, a federal judge in Arizona upheld the immunity to liability granted to gun manufacturers by the Protection of Lawful Commerce in Arms Act (PLCAA) of 2005, despite Joe Biden’s explicitly declared opposition to such an outcome.
In the case of Travieso v. Glock, Inc., U.S. District Court Judge Susan Brnovich ruled in favor of gun maker Glock through her dismissal of a lawsuit initiated by the Brady Campaign to Prevent Gun violence. The complaint had been filed on behalf of a man who had been paralyzed by the accidental discharge of a firearm that was made by the company.
The opinion rendered by Judge Brnovich represents a win for the Second Amendment rights of Americans, and the judge herself emphasized that even liberal Court of Appeals judges have routinely rejected challenges to gun-maker liability immunity.
Mark Oliva, spokesperson for the National Shooting Sports Foundation hailed the judge’s decision, saying, “The dismissal of this case is welcome news and demonstrates the importance of the Protection of Lawful Commerce in Arms Act.”
“These attempts to hold manufacturers responsible for the criminal and negligent misuse of firearms are misguided and are attempts at legislation through litigation,” Oliva said, adding, “The PLCAA law was passed with a bipartisan majority in both chambers of Congress to keep activists from attempting to bankrupt firearm manufacturers by tying them up in court with unfounded claims.”
Though the ruling came back in March, it is only making significant news now in light of the Democrats’ growing push for additional gun control measures and their desire to end gun manufacturer liability immunity stemming from the aforementioned statute.
President Biden erroneously and hyperbolically stated earlier this year that firearms manufacturing “is the only industry in America” that is exempt from lawsuits, and also said, “If I get one thing on my list [if] the Lord came down and said, ‘Joe, you get one of these,’ give me that one,” as the Examiner noted, indicative of the disappointment surely felt at the White House over the ruling in this case.
Though Biden has stated that he doesn’t “need to wait another minute, let alone an hour” to take what he calls “commonsense steps” to strengthen gun control laws, it remains to be seen whether the Democrats – with their razor-thin legislative majority – will succeed in fulfilling the president’s radical wish list in this realm.