Bernie Sanders To Discuss Gun Law With Parents Of Aurora Shooting Victim
So how big a deal is the Protection of Legal Commerce in Arms Act of 2005 that Sanders voted for?
Lonnie and Sandy Phillips lost their daughter in the Aurora CO. theater shooting. They sued the Lucky Gunner for selling James Holmes 4000 rounds of ammunition without vetting him. The Court cited the PLCAA when dismissing the case and ordered the Phillips to pay $200,000 to the gun store.
The law basically immunizes gun makers and sellers from all responsibility for damages done with their products regardless of how gross the negligence. Badger guns, that made a straw sale of a gun that wounded two police officers, used it as defense and once that case was lost will use it in the appeal to overturn that $6 million verdict.
Bushmaster, the manufacturer of the Sandy Hook gun, and the seller of the AR-15 are being sued for manufacturing and selling a military style combat weapon to an unqualified civilian market. Both are using the PLCAA as defense. Bushmaster advertised the gun as a military weapon for civilian hands, with phrases such as "the ultimate combat weapons system," "the uncompromising choice when you demand a rifle as mission-adaptable as you are," and this: "Forces of opposition, bow down: You are single-handedly outnumbered."
Even when a suit is successful it takes a decade to process it. Elizabeth Shirley sued Baxter Gun and Pawn after they sold a gun to her felon husband's Mother in a straw purchase. Mother and son entered the store and he picked out the gun. The owner of the store asked Russell if he had been a good boy, and Russell said 'No, that's why we're gonna put it in her name.' They continued the sale and used the PLCAA to defend that sale all the way to the Kansas supreme court. Ms Shirley was awarded $421,000 for the life of her 8 year old son.
This law is an abomination. It shields gun makers and sellers from any litigation no matter how egregious their negligence. Glock manufactures pistols that have no mechanical safety and a very short trigger pull ('creep' is the industry nomenclature). This gun discharges when being holstered so often that the industry has named the injury 'Glock leg syndrome' yet they cannot be sued because they intentionally designed the gun that way. It 'performs as designed'.
The PLCAA along with immunity from Consumer protection laws, 'shall issue' carry laws and Stand Your Ground laws must be repealed.