Hillary: Impose Gun Control by Judicial Fiat

[Vigilante]

She can't overrule the Constitution, but she'll have the Obamanations pen and cell phone...and an E.Ohio. with a feckless Republican Congress!

It’s no news that Hillary Clinton is against guns (except those in the hands of people who protect the high and mighty) and enthusiastically in favor of restricting gun owners. When it gets down to specifics, her position does become vague, with some exceptions. One of those exceptions stands out only because of its obscurity.

Hillary really, really, wants to repeal the Protection of Lawful Commerce in Arms Act. The PLCAA essentially protects gun manufacturers and gun dealers from being sued unless, well, they have done something wrong. It’s a perfectly simple standard that would apply in any other field of human endeavor.

The reason for the PLCAA’s enactment was simple. As law professor Timothy Lytton wrote, before PLCAA was enacted: “By 2000 gun litigation was regularly front-page news, and manufacturers faced potentially bankrupting industrywide liability exposure as a result of suits by dozens of individual victims, over thirty cities, and the State of New York.” These suits were based upon various elaborations of the argument that “guns are used in crime, and so gun manufacturers should pay for what criminals have done.” Some sought to impose liability even where no one could prove what gun criminals had used: the theory was that all gun makers should pay for all gun crime, in proportion to their annual production level.

(Excerpt) Read more atamericanthinker.com ...

 

[TNHarley]

NRA did a good ad against the corrupt ****. It showed her third debate answer saying she respected the 2nd or something like that. They then showed audio of her saying "the SC got the 2nd wrong" in one of her paid speeches.

 

[esthermoon]

I read about that law here Protection of Lawful Commerce in Arms Act - Wikipedia
I don't think Mrs.Clinton can repeal that law because if she do this many gun manufacturers will be charged everytime someone kills or makes other crimes with their products...

 

[2aguy]

Here is some detail as to what they planned to do to the gun makers...and how they were going to get gun control passed by bypassing congress in a way it could not be repealed.....

and this is from actual clinton papers from his Presidential Library.....

But, even given her anti-gun beliefs, why does Hillary place so high a priority on repealing some eleven-year-old statute?

The papers found in her husband’s presidential archives in Little Rock show why the lawsuits that the PLCAA stopped were so important to his anti-gun plans. A January 2000 question and answer document, probably meant to prepare Bill Clinton for a press conference, asks about his involvement in the lawsuits against the gun industry. It suggests as an answer that he “intends to engage the gun industry in negotiations” to “achieve meaningful reforms to the way the gun industry does business.” The memo suggests he close with “We want real reforms that will improve the public safety and save lives.”

This is noteworthy: the Clinton White House did not see the lawsuits’ purpose as winning money, but as a means to pressure the gun industry into adopting the Clinton “reforms.” What might those reforms have been?

The Clinton Presidential Archives answered that question, too. In December 1999, the “Office of the Deputy Secretary” (presumably of Treasury) had sent a fax to the fax line for Clinton’s White House Domestic Policy Council. The fax laid out a proposed settlement of the legal cases.

The terms were very well designed. They would have given the antigun movements all the victories that it had been unable to win in Congress over the past twenty years! Moreover, the terms would be imposed by a court order, not by a statute. That meant that any violation could be prosecuted as a contempt of court, by the parties to the lawsuit rather than by the government. A future Congress could not repeal the judgment, and a future White House could not block its enforcement. The settlement would have a permanent existence outside the democratic process.

The terms were extensive and drastic:

Gun manufacturers must stop producing firearms (rifle, pistol, or shotguns) that could accept detachable magazines holding more than ten rounds. In practice, since there is no way to design a detachable-magazine firearm that cannot take larger magazines, this would mean ceasing production of all firearms with detachable magazines. No more semiauto handguns.

The manufacturers would be required to stop production of magazines holding more than ten rounds.

Manufacturers must also stop production of firearms with polymer frames. All handguns made must meet importation standards (long barrels, target sights, etc.).

After five years, manufacturers must produce nothing but “smart guns” (that is, using “authorized user technology”).

But those conditions were just the beginning. The next requirement was the key to regulating all licensed firearms dealers, as well. The manufacturers must agree to sell only to distributors and dealers who agreed to comply with the standards set for distributors and dealers. Thus dealers would were not parties to the lawsuits would be forced to comply, upon pain of being unable to buy inventory.

The dealers in turn must agree:

They’d make no sales at gun shows, and no sales over internet.

They’d hold their customers to one-gun-a-month, for all types of guns, not just handguns.

They would not sell used or new magazines holding more than ten rounds.

They would not sell any firearm that fell within the definitions of the 1994 “assault weapon ban,” even if the ban expired.

They must prove they have a minimum inventory of each manufacturers’ product, and that they derive a majority of their revenue from firearms or sporting equipment sales. No more small town hardware store dealers, and no more WalMarts with gun sections.



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[badger2]

Feinstein is in this morning's news attacking Comey's letter to Congress. Eureka Springs, Arkansas is where Jesse James went to rest and vacation. This will go into the Abaaoud (Bataclan "stuff") file for Morocco, where he went to vacation and buy souvenirs.

 

[2aguy]

Sure....hilary doesn't want to ban guns....

Gun registration, one gun a month, magazines limited to ten rounds, no Glocks, no guns with detachable magazines (in effect, no semiauto handguns), no dealers at gun shows, an “assault weapon ban” in perpetuity, no internet sales. In short, the movement to restrict gun owners would have achieved, in one stroke, every objective it had labored for over the years -- indeed, it would have achieved some that (a ban on semiauto handguns) that were so bold it had never dared to propose them. All this would be achieved without the messy necessity of winning a majority vote in Congress.