By Dave Workman
Anti-gunners were thrown for a loss when a Connecticut Superior Court judge dismissed a wrongful death lawsuit against Remington Arms by families of Sandy Hook Elementary victims, reminding then that federal law prohibits such legal actions for the criminal misuse of firearms.
The Protection of Lawful Commerce in Arms Act (PLCAA) was passed during the Bush administration to protect gun makers from harassment lawsuits. Dubbed “junk lawsuits” by the firearms industry, there were several such attempts to hold gun makers liable for crimes committed with guns.
Mass killer Adam Lanza murdered his mother in December 2012 before taking her guns to the elementary school and killing 20 youngsters. As police arrived, he committed suicide.
The attack sparked a new wave of gun control efforts that centered around so-called “universal background checks.” It was never explained how background checks might have made any difference in the Sandy Hook attack, because Lanza’s mother had purchased the guns legally under Connecticut’s restrictive gun laws. When he killed her to gain access to those guns, he didn’t bother with the formalities of a background check.
Judge Barbara Bellis noted in her 54-page ruling that when Congress adopted the PLCAA, there was a narrow avenue that allows lawsuits over what is called “negligent entrustment of a firearm.”
She wrote that “Congress, through the (PLCAA) has broadly prohibited lawsuits ‘against manufacturers, distributors, dealers, and importers of firearms…for the harm solely caused by the criminal or unlawful misuse of firearm products…by others when the product functioned as designed and intended.”
The gun prohibition lobby has fought to overturn the law. Many in the Second Amendment community believe the strategy is to bury the gun industry in costly legal actions.
That’s A Lot Of Firearms Transactions
The FBI updates its National Instant Check System (NICS) by the month, and according to the most recent statistics, September saw more than 1.99 million such checks initiated.
There is a caveat, of course. That figure does not represent the number of firearms sold, the FBI notes. For a closer estimate, the National Shooting Sports Foundation offers its adjusted NICS data, and for September, that number came to 1.156,961 checks. For the record, that was up 7.9 percent from September 2015.
That’s not all. According to the NSSF, the adjusted figure for the third quarter was 15.4 percent higher than the same quarter in 2015.
What does this mean in plain English? Gun sales continue at a healthy pace. And the problem with all of these background checks? They’re not keeping firearms out of the wrong hands. Never have, never will, and you will never hear gun control proponents admit that.
Try this on for size: According to a recent report by Fox News, over the past five years more than 300 firearms have been lost or stolen from police agencies in Southern California. The lost guns include Glock and Sig Sauer pistols, Remington shotguns, and unidentified rifles and there were even some grenade launchers, the report said. And that’s just a tip of the iceberg when it comes to how guns might get into the wrong hands anywhere in the country.
Quoting a report in the Orange County Register, Fox said an investigation of 134 state and local police agencies in Southern California from Kern County to the border revealed that some of the 329 firearms that had been lost or stolen were involved in crimes.
Suffice to say that none of these firearm “transfers” involved a background check.
By the end of September, there had been 19,872,694 NICS checks. For all of last year, there were 23,141,970 checks.
Associated Press, USA Today Say More Kids Dying In Gun Accidents
When the Associated Press and USA Today network announced the results of a joint “study” that said about one-third of accidental firearms deaths involving youth under age 17 go unreported by the Centers for Disease Control and Prevention, it seemed like a natural-made launch pad for more gun control hysteria.
When CBS News reported the story, it quoted Bob Anderson, chief of the mortality statistics branch at CDC’s National Center for Health Statistics. He said the agency’s apparent undercount “is significant and important” but not surprising. According to CBS, Anderson said the CDC “has long suspected that its statistics on accidental firearms deaths are too low.”
It didn’t take long for Alan Gottlieb, founder of the Second Amendment Foundation, to say “Uh, waitaminute!”
“If the Associated Press and USA Today network data is accurate,” he said, “and the CDC actually admits it has questioned its own statistics, this opens the agency up to questions about other data that it produces. It is no wonder that firearms organizations and industry groups have long questioned the CDC in its attempts to make firearms a public health issue.”
The CDC got its budget hand slapped pretty hard by Congress several years ago, which cut off funding for anti-gun research that had allegedly been conducted by the agency.
When gun control advocacy groups suggested the media study underscored the need for additional gun control laws, such as mandatory “safe storage,” SAF’s Gottlieb challenged them to instead say “yes” to making firearms safety part of the public school curriculum. You could hear the groans all the way to Gottlieb’s office in Bellevue, Washington
California Gun Control Works Again… Not!
The California man who stands accused of murdering two Palm Springs police officers in October is a walking tribute to the abject failure of Golden State gun laws.
According to published reports, the suspect in this case, John Felix, is a real model citizen. In 2009, he pulled a stretch in prison for attempted murder, which he pleaded down to assault with a firearm. He also admitted “a connection to a street gang,” according to the Palm Springs Desert Sun.
When Palm Springs cops took him into custody after a 12-hour standoff, he was reportedly wearing a bulletproof vest. He also had what the newspaper called “several high-capacity magazines.” A semi-auto rifle was recovered at the scene.
Here’s the catch: As a convicted felon, this guy should not have possessed a firearm, under California or federal law. Yeah, that sure worked out.
Check Back Each Week For More Insider Online Articles