President Joe Biden wasted no time taking aim at the firearms industry Thursday in the wake of the horrific mass shooting in Maine. Even as the manhunt continued and questions swirled, the Democrat called for increased gun control.
In a published statement, Biden demanded the repeal of protections that shield the gun industry from frivolous lawsuits.
The president referred back to last year’s gun control legislation that he pushed through with the controversial assistance of Sen. John Cornyn (R-TX). No matter the concessions the senator and others made, he was not satisfied.
Biden: "gun makers are the only industry you can't sue if their product hurts you or a loved one in a shooting". pic.twitter.com/5GjpaFp1Na
— ➴ꪖ᭢ꪗꪖ➶🇺🇸☦️🇲🇰︻╦デ╤━╼☭ (@Anya_jebiga) April 9, 2021
Biden urged Republicans “to fulfill their duty to protect the American people. Work with us to pass a bill banning assault weapons and high-capacity magazines, to enact universal background checks, to require safe storage of guns and end immunity from liability.”
So, while victims are still being identified and a motive is sought, the president wasted no time hopping onto his political soapbox.
He even retreated to the thoroughly debunked claim that gun makers are the only U.S. industry shielded from being sued by the public. Biden has made this comment many times during his presidency, and no matter how often it is disproven, he still falls back on the falsehood.
Last year, the Associated Press took note of the erroneous statement by the chief executive.
The 2005 Protection of Lawful Commerce in Arms Act (PLCAA) granted immunity to gun makers from criminal acts of those who misuse their products. But it is hardly a blanket immunity.
In fact, there are six defined reasons for which a weapons manufacturer may be sued. This of course lays waste to Biden’s claim.
Exceptions to their liability include cases of defects or damages in the design of the firearm, negligence or breach of contract or warranty concerning the purchase of the weapon.
Still another is the “predicate exception.” This is a case in which a manufacturer or seller knowingly violates a state or federal statute in the sales transaction or marketing of a firearm.
There have been cases brought against manufacturers over what the plaintiffs charged were illegal marketing practices.
Also, Biden’s claim that the gun industry is the only one enjoying immunity is demonstrably false. Vaccine manufacturers also have special immunity from liability under the 2005 Public Readiness and Emergency Preparedness Act and other statutes.
Those involved in the manufacture, distribution or dispensing of vaccines may not be sued if an individual has an adverse reaction. Many noted this special status in reference to COVID-19 manufacturers.
