The Protection of Lawful Commerce in Arms Act was supposed to prevent petty, frivolous lawsuits against the gun industry based on the actions of third parties. They could still be sued for their own failings–things like improperly manufactured guns, firearms that just go off in the holster, and so on–but not for what some schmuck did on the streets of Chicago.
But it seems that the anti-gun jihadists found new avenues of attack and are stepping up their efforts.
And Gun Owners of America is celebrating a big win in Tennessee designed to prevent just that sort of thing from happening.
Via a press release:
Gun Owners of America (GOA) is proud to announce the successful passage of SB1360/HB073 in the Tennessee General Assembly—legislation aimed at significantly strengthening legal protections for Tennessee-based members of the firearms industry. The bill, which was backed by GOA, passed both chambers with overwhelming majorities on April 15 and now awaits the governor’s signature.
This critical legislation enhances Tennessee’s version of the Protection of Lawful Commerce in Arms Act (PLCAA), creating stronger legal immunity for firearm businesses targeted by the radical anti-gun lobby. It sends a clear message: Tennessee is a safe haven for lawful firearms commerce and won’t be used as a collection arm for unconstitutional out-of-state rulings.
The new bill fortifies the state’s 2023 PLCAA law in multiple ways:
- Expands legal protections to include additional industry players, including private sellers, suppressor manufacturers, and magazine producers.
- Prohibits Tennessee courts from recognizing or enforcing out-of-state or foreign court judgments that conflict with Tennessee’s pro-Second Amendment public policy.
- Penalizes bad-faith litigation by imposing triple damages on out-of-state plaintiffs and their attorneys who attempt to enforce hostile judgments in Tennessee courts—an unprecedented safeguard for gun rights advocates and businesses.
The bill is expected to further bolster Tennessee’s reputation as a national hub for firearms manufacturing and sales. Industry leaders like Beretta and Smith & Wesson have already relocated operations to the state, and this new law will incentivize even more companies to do the same.
GOA urges other pro-Second Amendment states to follow Tennessee’s lead by adopting similar legislation that shields their local gun industries from ideologically driven legal assaults.
Erich Pratt, Senior Vice President of Gun Owners of America, issued the following statement:
“Tennessee just made itself one of the most pro-gun states in America. With this law, radical anti-gun groups can no longer weaponize courts in California or New York to attack the Second Amendment industry in Tennessee. This is exactly the kind of bold leadership our movement needs to see across the country.”
Chris Stone, Director of State Affairs for Gun Owners of America, added:
“This bill is a game-changer for protecting lawful commerce in firearms. It ensures that Tennessee businesses—and gun owners—are shielded from weaponized lawsuits coming from anti-gun states. GOA thanks Tennessee’s lawmakers for their leadership and urges other states to adopt this model.”
Let’s take a moment to understand the brilliance of this measure.
Seriously, I’m kind of in awe and hate that I didn’t hear about this one sooner.
First, the bill seeks to prevent stupid lawsuits designed to do nothing more than bankrupt the firearm industry via tons of frivolous lawsuits, which is pretty obvious here. It makes it harder for those lawsuits to have any actual meat to them with regard to enforcement.
I’m not sure how the federal courts will respond to something like this, but it’s at least worth exploring if nothing else.
But that’s just the superficial stuff.
Something else this does is make Tennessee a lot more attractive to the firearm industry.
Companies located in other states, particularly anti-gun states, that are looking to move now have a better reason to look at Tennessee. Not just are there any tax advantages for moving to a particular state, but now Tennessee is saying, “Hey, we know that Connecticut is going to do you dirty, but we’re going to put a shield in place to protect you from the anti-gun zealots who want to destroy your company.”
I mean, I can’t say that wouldn’t be a strong encouragement to look at the Volunteer State a little more aggressively than I might otherwise.
And Tennessee isn’t exactly going to be low on any gun company’s list in the first place.
Other pro-gun states need to consider passing something like this quick, fast, and in a hurry, as other anti-gun states continue to try and run off any and all firearm companies remaining. They’re going to look for somewhere to land and now Tennessee has the inside track.
Read the full article here