January 4, 2019

Good Law | Bad Law #114 - Why can’t gun makers be sued? w/ Dan Feldman

Should gun makers be held accountable for shootings?

 

Aaron Freiwald, Managing Partner of Freiwald Law and host of the weekly podcast, Good Law | Bad Law, is joined by Professor Dan Feldman, from the John Jay College of Criminal Justice, to discuss gun maker immunity.

 

Last year, the United States saw over 35,000 gun deaths, over 85,000 gun related injuries, and not a single case brought against the makers of these weapons -- thanks to the “Protection of Lawful Commerce in Arms Act”, a 2005 law that grants near total immunity to firearm manufacturers.  Amazingly, no other industry in our country enjoys the broad federal protection. On today’s episode, Professor Feldman, who is intimately familiar with this issue from his many years in the New York State Legislature and the New York State Attorney General’s office, explains the history of the PLCAA, what exactly it protects the firearm manufacturers from and what they can still be held liable for, and why he believes we must press Congress to reconsider this law.

 

To learn more about the PLCAA we’ve provided some resources below:

The Protection of Lawful Commerce in Arms Act: An Overview of Limiting Tort Liability of Gun Manufacturers  - https://fas.org/sgp/crs/misc/R42871.pdf

Wikipedia - https://en.wikipedia.org/wiki/Protection_of_Lawful_Commerce_in_Arms_Act

Brady Campaign - http://www.bradycampaign.org/the-protection-of-lawful-commerce-in-arms-act-plcaa

Cornell Law School - https://www.law.cornell.edu/uscode/text/15/chapter-105

 

You can learn more about Dan, by visiting his bio at: https://www.jjay.cuny.edu/faculty/daniel-l-feldman.

 

Host: Aaron Freiwald

Guest: Dan Feldman

 

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