Congress is awash in anti-Second Amendment legislation

  • 10 January 2018
  • NormanL
Congress is awash in anti-Second Amendment legislation

How do we know 2018 is an election year -- and particularly one where Democrats think they are on the verge of regaining control of Congress? We look at the legislation they are filing, especially on gun rights. And as this article makes clear, should Democrats get their hands back on the levers of congressional power, curbing gun rights is one of their top priorities:

Gun control advocates know many of their strongest allies are the increasingly activist and politically-motivated judges who populate courts throughout the country. This means that one of the most potentially consequential bills is the misleadingly titled “Equal Access to Justice for Victims of Gun Violence Act,” currently pending as S. 1939  (Sen. Richard Blumenthal, D-CT) and H.R. 3984 (Rep. Adam Schiff, D-CA).

This legislation would repeal the Protection of Lawful Commerce in Arms Act (PLCAA), an equal justice provision in its own right. The PLCAA was a reaction to a coordinated series of lawsuits designed to litigate the firearms industry into oblivion by holding law-abiding gun manufacturers and dealers responsible for the criminal acts of third parties.

And while its critics howl that the PLCAA grants the firearm industry unprecedented immunity, it was actually the legal theories advanced in these suits that were the real novelty. There’s no principle of law that would hold a baseball bat manufacturer liable for the acts of a bat-wielding assailant or an automobile dealer liable for damages caused by the driver of a robbery get-away car when neither the manufacturer nor the dealer had any relationship to the criminal. But that didn’t stop the litigants from hoping the courts would create a special rule for the gun industry or at least allow the cases to go on long enough to bleed the defendants dry through litigation costs. Without the PLCAA, the very existence of the domestic firearms industry would be jeopardized, which is why it repealing it remains the highest priority for gun banners.

And let's not forget an old leftist favorite -- universal background checks:

Anti-gun Sen. Chris Murphy (D-CT) is carrying the torch once again with S. 2009.

Murphy told the media he hoped the mere introduction of the bill, which he admitted had little chance of passage, would nevertheless “strike fear” into supporters of the Second Amendment. It’s telling that would be his goal, rather than striking fear into the criminals who actually misuse guns yet would be completely unaffected by his bill.

Murphy’s right, though, that law-abiding gun owners have much to fear about the idea of abolishing private transfers. The government obviously cannot enforce this type of law unless it also creates universal licensing or registration of firearms. Of course, those measures are also necessary prerequisites for any large-scale attempt to confiscate or force the “buyback” of Americans’ guns.  Anti-gun advocates routinely bring up Australia’s forced confiscation of firearms as a model of what should be done in the U.S.

There are more examples of pending legislation at the link. All of it is political. After all, the point of introducing such measures in the current Congress isn't to get something passed, it's to create a campaign issue - making the stakes in this year's elections even higher for gun rights advocates.