Wednesday, March 9, 2016

Flint Debate: Hillary Lies Again About Gun Trade Immunity From Lawsuits

In the Flint debate, Hillary Clinton repeated the claim that the gun manufacturers and gun dealers have "immunity" [from any lawsuits] when she said this:
I believe so strongly that giving immunity to gun makers and sellers was a terrible mistake. It removed any accountability from the makers and the sellers.
What she is referring to is a 2005 common sense federal law called the Protection of Lawful Commerce in Arms Act that was passed to put an end to an ever increasing number of lawsuits against gun manufacturers and gun dealers for the actions of a third party who bought their guns. The sole intent of most of these lawsuits is to bankrupt the gun industry out of existence and achieve something that legislatively couldn't be achieved under our Constitution.  Also, be aware that she, being a dutiful lawyer, voted against that law and Bernie Sanders voted for it.

But, here's the flat-out lie in the above statement: "It removed any accountability".  Something that PolitiFact said was completely false back in October when she first aired a similar comment.  As Wikipedia so aptly notes in its reference material on that law:
"both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible in much the same manner that any U.S. based manufacturer of consumer products are held responsible"
The above is just common sense.  You can't hold a gun manufacturer or dealer responsible for a criminal act that an eventual buyer may commit.  Just as you can't make an automobile manufacturer liable for someone who drinks, drives, and kills someone.

Perhaps, saying "sue the industry" is good political theater.  But the reality is that it isn't going to happen. To do so, would open all kinds of avenues that would destroy businesses that produce a product that some may find harmful.  Such as sugary drinks, or alcohol, or fattening foods.

On this issue, and so many others, Hillary is again, politically motivated and unwise.


Best Lines of the Democratic Debate in Flint, Michigan (see gun control section):

Protection of Lawful Commerce in Arms Act :

PolitiFact: Hillary Clinton: The gun industry is "the only business in America that is wholly protected from any kind of liability:

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