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BlogFrom the Desk of Bob BarrLiberty Updates

The Follow-up Speech Trump Needs to Make

by Liberty Guard Author August 7, 2019
written by Liberty Guard Author

Townhall.com

by Bob Barr

The dual mass shootings last weekend exposed two uncomfortable truths. First, there is a cancerous undercurrent of extremism in our society; and second, this phenomenon is not relegated to one side of the political spectrum or the other. In El Paso, the shooter killed in the name of white supremacy. In Dayton, the killer previously praised the violence of Antifa.

Law enforcement agencies and legislative bodies at the federal, state, and local levels now must address whether new authorities are needed, more funding made available, or simply better enforcement of existing powers required; in order to cope with the rising tide of murders that affect families and communities from Chicago to Texas and from California to Baltimore.

But there is a vital role political leaders can and must play, in addressing the extremist and violence-oriented thinking that clearly is grabbing the minds and hands of far too many American men.

Trump’s initial address to the nation Monday in the immediate aftermath of the El Paso and Dayton rampages, was appropriate — as a first step.  The brevity of the statement was fitting; his visits to the cities-in-mourning respectful and proper.  

What follows in the coming days and weeks, however, is far more consequential and important, and can emanate only from the Oval Office – a forceful and unequivocal denunciation of extremism in all its horrible visages, and especially white nationalism.

It should not have to be said, but it does — there is absolutely no place for white nationalism or racism of any kind within the conservative movement or the Republican Party at any level.

For too long the GOP has turned a blind eye to the troubling resurgence of this odious movement; perhaps hoping that by not drawing attention to it, it would quietly go away. We see now that is not the case.

Even though race-motivated mass violence is still a statistical rarity in spite of the headlines it grabs, the cohorts of individuals responsible for the radicalization of the killers like those in Charleston, Gilroy, and now El Paso, continue to spread. Worse still, while these individuals may loath the current GOP and even Trump, through their warped lenses they may see the Republican Party as the vehicle by which to hitch a ride to a more prominent role in society.  

The Democrat Party has to contend with its own violence-oriented hangers on, such as Antifa; but the prominence of right-wing extremists and white nationalists in the context of recent mass shootings, is a curse that needs to be addressed specifically and urgently.

Trump must no longer ignore those who use his brand as a cloak for their ignorance and hatred; they must be told in cold, hard, unmistakable terms that they no longer enjoy safe harbor. He must build on his recent statement, and rebuke white nationalism for what it is — an ignorant, collectivist mindset that is wholly antithetical to our Founders’ precepts of freedom and governance.

White nationalism will not make America great, and its followers should not expect to find an ally in this President or in any elected leader.

The President’s call for leaders from both major political parties to tone down the hysterics that surround virtually every political issue, is indisputably correct and timely.  And while the Right by no means bears the burden or blame for a political climate that incites violence, it can – and should – step forward and provide leadership out of the toxic bog in which both Parties find themselves mired.

Trump’s fiery demeanor is a large part of what brought him into the Oval Office; and his supporters neither expect nor should we want him to change his personality.  In any event, nothing Trump will say will find support in the eyes of any of the Democrat presidential wannabees, or in the view of most of their colleagues in the Congress or their enablers in the mainstream media. But those are not the audiences that matters.

What matters is that Americans everywhere hear a president whose words and actions (and Tweets) truly transcend the environment which birthed horrendous actions such as took place in El Paso and Dayton (and yes, also in Chicago) last weekend.  No one but the president can deliver that message.  No one but the president should deliver that message.  This is the speech we need. This is President Trump’s moment.

August 7, 2019 0 comment
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From the Desk of Bob Barr

Democrats Want To Blame Shootings On ‘Racism,’ So Why Not Investigate Video Games As A Factor, Too?

by Liberty Guard Author August 5, 2019
written by Liberty Guard Author

The Daily Caller

by Bob Barr

In interviews following the horrendous mass murders by lone gunmen in El Paso, Texas and Dayton, Ohio over the weekend, Texas’ governor and lieutenant governor, President Trump, and House GOP Leader Kevin McCarthy commented that factors involving mental illness, along with cultural factors such as the popularity and pervasiveness of violent video games, and information available to internet-savvy young adults on the “dark web,” needed to be considered in analyzing and developing strategies to prevent future mass shootings.

Democrats were — as usual — quick to dismiss any suggestion that video gaming or other cultural factors (except for “racism” perpetrated by President Trump) might be among the factors causing what has become an all-too-familiar pattern of young males using firearms to commit mass murder. This knee-jerk reaction against consideration of such factors limits the likelihood that government at any level will be able to develop a comprehensive strategy seriously to address the problem of mass shootings; foredooming law enforcement simply to doing their best to respond to such incidents.

None of the Republican leaders declared that violent video games were the sole, or even necessarily the major factor prompting last weekend’s or other recent mass murderers to act as they did. They simply urged the inclusion of such matters in any serious, long-term strategy to stave off future such horrendous incidents.

Predictably, of course, the $140 billion global video gaming industry consistently pushes back against any hint of a link between mass shootings in real life and the gun carnage depicted in the industry’s phenomenally popular games such as “Call of Duty.” The industry’s opposition is driven by dollars, despite the veneer of First Amendment verbiage.

For Democratic politicians, the deep antagonism to consideration of cultural factors contributing to mass shootings, including the obsession many young male adults have with video games, is driven almost exclusively by partisan politics.

Simply put, consideration of any culture-based factors — such as deficiencies in our educational system, lack of community-based mental health facilities, breakdown of the family unit, decreased church attendance, and, yes, obsession with video gaming — detracts from the Democratic Party’s single-minded focus on gun control as the determining factor in the tragic phenomenon of mass shootings. The only apparent exception to the Democrats’ laser-like focus on gun control is their concern for “racism” and white supremacy as a causal factor. It’s a charge levelled to one degree or another at Trump by many, if not all, Democratic presidential wannabees.

The fact that guns, including so-called assault-style rifles, have been available to purchasers and firearm owners in the United States for as long as statistics on mass shootings have been maintained — even as the number of mass shootings has increased — appears irrelevant and inconsequential to Democrats and left-leaning pundits. The gun-control blinders they wear make it largely impossible to consider factors beyond that bromide. Studying factors beyond guns — the instrumentality with which mass shootings are by definition carried out — appears not a tool in the arsenal with which Democrats are willing to fight mass gun violence (again, except for charges of “racism”).

By thus constraining the universe of potential causes, and with it, the range of relevant and workable solutions to mass gun violence, the debate remains mired in partisanship and at best, very short-term measures. Focusing exclusively on gun control as the solution to the deep-seated problems rending 21st century American culture (and western civilization generally), is far easier than tackling the root causes of mental illness, family breakdown, and extreme alienation that infects so many young people in contemporary society. But that easy solution unfortunately finds refuge in the hyper-partisan environment which both major political parties now voluntarily inhabit.

The one glimmer of hope that has emerged from these latest mass shootings is that the FBI has announced a comprehensive program to study factors that might foster the evil leading to such acts . Let us hope that political leaders from both major parties will allow the FBI to pursue such a program unimpeded.

Bob Barr (@BobBarr) represented Georgia in the U.S. House of Representatives from 1995 to 2003. He currently serves as president and CEO of the Law Enforcement Education Foundation.

August 5, 2019 0 comment
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BlogFrom the Desk of Bob BarrLiberty Updates

Trump Administration Working to Resolve Long-Standing Refugee Problem in North Africa

by Liberty Guard Author July 31, 2019
written by Liberty Guard Author

Trump Administration Working to Resolve Long-Standing Refugee Problem in North Africa
Townhall.com

President Donald Trump’s critics, including those in the media, delight in picturing him as a person unconcerned about human rights, and as a president totally unconcerned with the plight of those seeking freedom around the world. As often is the case in politics, the reality is quite different. The ongoing refugee problem in North Africa presents just such an example.

Hundreds of thousands of displaced refugees in North Africa’s Western Sahara region may have more reason for hope today than ever before, thanks to the Trump Administration’s concern and involvement.

In the 1970s, the people of Western Sahara, then known as the Spanish Sahara, thought for a brief moment that they would be free when Spain renounced her colonial claims, but it was not to be. The territory was soon occupied by the Kingdom of Morocco which continues to claim the area as its own, despite rulings by the International Court of Justice and numerous United Nations Resolutions recognizing the right of the region’s inhabitants, the Sahrawi, to self-determination.

In 1991, after years of fighting, the UN worked out a ceasefire in which the parties agreed that the fate of the territory would be determined by referendum, giving the Sahrawi people the right to determine their own future. By that time hundreds of thousands had fled the conflict and were living in UN-administered refugee camps in Algeria. They were expecting to return home to Western Sahara after the referendum, but that vote has yet to take place and they continue to live in those same camps nearly 30 years later.

In the meantime, the people of Western Sahara have prevailed at the International Court of Justice and other legal tribunals which have consistently found that Morocco has no ethnic, religious, or historical claim to the territory it has seized from them. None of these decisions nor the virtually unanimous demand that she relinquish what has come to be known as “Africa’s Last Colony” have moved Morocco from ignoring the law and world opinion.

President Trump’s National Security Advisor, John Bolton, asked in a major speech on U.S. African policy earlier this month why the United Nations has taken 27 years to organize a referendum among a mere 70,000 people. It’s a good question.

There have been numerous attempts to reach agreement on the date and conditions for the promised referendum, but thus far none have worked out. The closest came when, after George H.W. Bush left the White House on January 1993, James Baker, his Secretary of State, accepted appointment as the UN Special Envoy for Western Sahara. Baker believed he had an agreement, but Morocco backed out at the last minute, the negotiations ended, and Baker went home to Texas.

Earlier this year it appeared that there might be some positive movement. After months of meeting with the parties separately, former German President Horst Köhler who is the current Special Envoy for Western Sahara, convinced the parties to meet together at a “roundtable” last December and again this past March. The primary parties are the Kingdom of Morocco and the Polisario Front representing the Sahrawi people, but other nations in the region affected by the instability and uncertainty stemming from the impasse were included in the meeting as well.

In a sense, the fact that these meetings took place at all represented significant progress because there has been no move toward solving the lingering crisis of Western Sahara, but later Mr. Köhler abruptly resigned and the impasse continues. This is bad news for the region, for the countries involved and, most of all for the people of the Western Sahara.

The Sahrawi men, women, and children forced to flee their homeland and languish in refugee camps within neighboring Algeria continue to hope the impasse will ultimately be resolved if the United Nations simply delivers on the promises made so many years ago. That may be wishful thinking given the track record of the UN, but they are also somewhat more realistically counting on the United States and the Trump Administration to put real pressure on the UN and Morocco to accept the need to allow the referendum to proceed.

At this juncture, the people of the region are wiser to rely on the United States, Mr. Bolton and President Donald Trump, rather than on a United Nations promise that, without pressure from the United States and the world community, will likely never be fulfilled.

July 31, 2019 0 comment
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Media Appearances

LG in the media

by Liberty Guard Author July 25, 2019
written by Liberty Guard Author

Bob McLain Show, 7/12

Richard French, 7/18

Joe Piscopo, 7/19

Cavuto Coast to Coast, 7/23

Ed Morrissey, 7/23

Kevin Miller, 7/23

July 25, 2019 0 comment
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BlogFrom the Desk of Bob BarrLiberty Updates

Thank Obama For Placing Portland Police In A Straitjacket

by Liberty Guard Author July 24, 2019
written by Liberty Guard Author

by Bob Barr | Jul 24, 2019 |

The Daily Caller

Thanks to the Obama administration’s legacy of promoting baseless charges of racism against police departments across the country, the Portland Police Department is facing what it calls a “critical staffing shortage.”

In 2012, Obama’s Department of Justice reached a settlement agreement with the department stemming from allegations that it discriminated against individuals suffering from mental problems. As a result, the agency has been forced to comply with a 77-page court order and submit endless paperwork under the constant oversight of outside individuals, committees and officials at the Justice Department and elsewhere, each one ready to second-guess every instance in which one of Portland’s police officers exercises use of force.

It is a textbook example of what happens when federal bureaucrats with the power to sue local government entities turn agencies upside down and recreate them in the image of Washington, D.C.

According to the terms of the Portland agreement, whether a police officer is deemed to have acted within the letter of that agreement – and therefore be free from disciplinary action or removal – is to be decided not by trained and professional police officers. Instead, the actions of the police are to be judged by individuals and committees that are expressly and purposefully “wholly independent of [Portland Police Bureau].”

For example, if a police officer misjudges whether an individual is suffering a “mental health crisis” and reacts inappropriately, he or she could be disciplined or even fired. Yet, the court-enforced agreement defines “mental health crisis” to mean that a person is “experiencing intense feelings of personal distress,” including a “catastrophic life event” leading to “an upward trajectory of intensity.” The extreme difficulty any police officer might have in making a split-second decision based on such unintelligible provisions as that, illustrates the dangers posed by agreements such as the one in Portland.

Under such circumstances, it should not be surprising that Portland’s police are hesitant to intervene in volatile situations, such as when Antifa gangs roam the city streets and threaten violence or commit acts of violence against other individuals. This happened just weeks ago when Antifa severely injured conservative reporter Andy Ngo while police and Portland’s pacifist mayor, Ted Wheeler, stood by and watched.

Shortly before he left office last November, then-Attorney General Jeff Sessions issued a memo to the Justice Department calling for a reevaluation of settlement agreements such as the one signed by the Portland Police Department. For the sake of police officers everywhere, and for the protection of citizens within their jurisdictions, the Trump administration should make it a priority to fully implement the policy outlined in Sessions’ memo.

Bob Barr (@BobBarr) represented Georgia in the U.S. House of Representatives from 1995 to 2003. He currently serves as president and CEO of the Law Enforcement Education Foundation.

July 24, 2019 0 comment
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Blog

Thank Obama For Placing Portland Police In A Straightjacket

by Liberty Guard Author July 24, 2019
written by Liberty Guard Author

The Daily Caller

by Bob Barr

Thanks to the Obama administration’s legacy of promoting baseless charges of racism against police departments across the country, the Portland Police Department is facing what it calls a “critical staffing shortage.”

In 2012, Obama’s Department of Justice reached a settlement agreement with the department stemming from allegations that it discriminated against individuals suffering from mental problems. As a result, the agency has been forced to comply with a 77-page court order and submit endless paperwork under the constant oversight of outside individuals, committees and officials at the Justice Department and elsewhere, each one ready to second-guess every instance in which one of Portland’s police officers exercises use of force.

It is a textbook example of what happens when federal bureaucrats with the power to sue local government entities turn agencies upside down and recreate them in the image of Washington, D.C.

According to the terms of the Portland agreement, whether a police officer is deemed to have acted within the letter of that agreement — and therefore be free from disciplinary action or removal — is to be decided not by trained and professional police officers. Instead, the actions of the police are to be judged by individuals and committees that are expressly and purposefully “wholly independent of [Portland Police Bureau].”

For example, if a police officer misjudges whether an individual is suffering a “mental health crisis” and reacts inappropriately, he or she could be disciplined or even fired. Yet, the court-enforced agreement defines “mental health crisis” to mean that a person is “experiencing intense feelings of personal distress,” including a “catastrophic life event” leading to “an upward trajectory of intensity.” The extreme difficulty any police officer might have in making a split-second decision based on such unintelligible provisions as that, illustrates the dangers posed by agreements such as the one in Portland.

Under such circumstances, it should not be surprising that Portland’s police are hesitant to intervene in volatile situations, such as when Antifa gangs roam the city streets and threaten violence or commit acts of violence against other individuals. This happened just weeks ago when Antifa severely injured conservative reporter Andy Ngo while police and Portland’s pacifist mayor, Ted Wheeler, stood by and watched.

Shortly before he left office last November, then-Attorney General Jeff Sessions issued a memo to the Justice Department calling for a reevaluation of settlement agreements such as the one signed by the Portland Police Department. For the sake of police officers everywhere, and for the protection of citizens within their jurisdictions, the Trump administration should make it a priority to fully implement the policy outlined in Sessions’ memo.

Bob Barr (@BobBarr) represented Georgia in the U.S. House of Representatives from 1995 to 2003. He currently serves as president and CEO of the Law Enforcement Education Foundation.

July 24, 2019 0 comment
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BlogFrom the Desk of Bob BarrLiberty Updates

The Elephant in the Gun-Control Room

by Liberty Guard Author July 24, 2019
written by Liberty Guard Author

Townhall.com

by Bob Barr

The world in which most liberals live is one of magic and fairytales — where socialist systems have starved millions of people and destroyed every economy forced into its model, but which certainly will work the next time. It is a world in which using fascist tactics to silence opponents actually makes you an anti-fascist; and where presidential candidates can promise everything for everyone, and still have enough money left over to cut taxes. In this fantasy land, anything is possible if you just feel it to be true.

Perhaps nowhere is the Left’s disconnect from reality more acute than in its assault on the Second Amendment. Despite decades of gun control proposals debunked time and again, the same schemes and arguments regularly are recycled and repackaged. Democrats remain convinced that Americans are just waiting for permission to hand over their firearms and their God-given right to self-defense. After all, Democrats say, other countries are doing it, so why not us?

Take for instance New Zealand, which recently achieved rock star status in the eyes of Democrats in our country, when its prime minister reacted to a tragic mass shooting with a crushing blow to the country’s firearms rights. The prime minister immediately banned “military-style assault rifles,” to be jump started with a “buy-back” program. 

As expected, Democrats here gushed with envy at what would be possible in our country. “Christchurch happened, and within days New Zealand acted to get weapons of war out of the consumer market. This is what leadership looks like,” Rep. Alexandria Ocasio-Cortez cluelessly tweeted, echoing sentiments from Sen. Bernie Sanders, Sen. Chris Murphy, and others.    

The “leadership” which so moved Ocasio-Cortez, however, appears to have hit a roadblock – the country’s citizens are not responding as expected. 

While New Zealand’s left-wing leaders appear to have felt that a firearm ban was the correct and only possible response to the Christchurch shooting, the reality is that its citizens did not feel the same. In spite of the rush to enact a ban, subsequent pushback from citizens and noncompliance with the law have stalled what was expected by New Zealand officials to be an easy process of collecting now-illegal firearms. Months after the ban, reports suggest only 700 firearms have been voluntarily surrendered to police.  Optimism about the effectiveness of the buy-back program is waning, with the next move up to the government. 

Confiscation efforts have been further hampered because in New Zealand – as in the United States – the government does not maintain a registry of firearms owners. In spite of what government leaders apparently expected, New Zealanders are not rushing to let the authorities know what may be locked in their gun safes (or now buried in their yard).  Gun owners in New Zealand obviously do not share the liberal delusion that guns are instruments useless for any purpose besides shooting people, and therefore to be handed over readily to please the authorities and avoid prosecution.

Like their mentors in New Zealand, Democrats in the United States appear oblivious to the reality of firearms ownership, and piously drone on and on about the evils of gun ownership and their ideas for gun control. They grow curiously quiet, however, when it comes to articulating what is to happen when people refuse to surrender their Second Amendment rights. Discounting Rep. Eric Swalwell’s bizarre threat that the federal government could use “nukes” to accomplish such a goal, the crucial question becomes, how would Democrats respond? 

If they ban AR-15s (the most popular sporting rifle in America), would Democrats send authorities to knock down doors, and drag people off to jail for noncompliance? Or, would they simply turn a blind eye; thereby confirming that such bans are not so much about public safety, as to satisfy a political agenda? Democrats should not be let off the hook simply because the consequences to their proposals are frightening for them (and us) to articulate.

It is doubtful the sycophants from the Mainstream Media tapped to preside over the Democratic presidential debates would dare to broach such a topic; but the American public deserves to hear what would be in store for them. If New Zealand is any indication, there is no fairytale ending, regardless of how hard Democrats otherwise try to pretend this elephant is not in the room.

July 24, 2019 0 comment
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Media Appearances

FreedomFest 2019

by Liberty Guard Author July 23, 2019
written by Liberty Guard Author

Congressman Barr gave a speech last Saturday at the FreedomFest annual conference in Las Vegas. His presentation focused on impeachment (past, present and future).  The speech was recorded and will air on CSPAN on Sunday, July 28th. Watch here.

July 23, 2019 0 comment
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BlogFrom the Desk of Bob BarrLiberty Updates

US Can Help Ensure Haiti’s Citizens Have a Real Future

by Liberty Guard Author July 17, 2019
written by Liberty Guard Author

Townhall.com

by Bob Barr

Last week, the President of Taiwan visited the United States and four other countries, including the small Caribbean nation of Haiti.  A visit by President Tsai Ing-wen to Haiti might be viewed with surprise by some observers.  However, to those familiar with economic and strategic factors important to both Taiwan and the United States, the fact that Taiwan’s chief executive included a stop in Port-au-Prince during her visit to Washington, DC is significant.

Haiti is one of only 18 countries that still recognize Taiwan diplomatically.  Shoring up that support at a time mainland China is moving significantly to increase its economic and military presence in our hemisphere, is important not only for Taiwan but for the U.S. as well.

Also important for America’s interests in the region is the fact that Haiti early this year joined with the United States in recognizing Juan Guaido as Venezuela’s legitimate leader.  

When Jovenel Moise took his oath of office as Haiti’s 42nd President in February 2017, he inherited a government that had forged extremely close ties with the leftist regime in Venezuela.  During his long tenure in office – from 1999 to 2013 – former Venezuelan President Hugo Chavez used his personal charisma and his country’s vast supply of oil to win friends throughout the region.  

Moise’s predecessors benefitted greatly from Chavez’ largesse; receiving huge quantities of Venezuelan oil under an extremely beneficial deferred payment plan.  The “Petrocaribe” program was launched in 2004; but instead of boosting Haiti’s economy, it morphed into a cash cow for the cadre of corrupt politicians that have controlled the country’s levers of power for the past quarter century. 

The Petrocaribe program was structured by Chavez as a vehicle through which to gain political influence throughout the Caribbean.  It never became, and was never intended to be, an economically viable program.  Petrocaribe generated hundreds of millions of dollars that were supposed to be used to fund desperately needed infrastructure projects in Haiti.  Instead, most of the cash generated was diverted into personal bank accounts controlled by those in power prior to 2017, including Marcel Martelly, who became president in 2011.  

Before becoming Haiti’s president, Martelly was a well-known singer.  As president, he was a favorite of Hillary Clinton when she served as Secretary of State.  Martelly also is a friend of Bill Clinton, who somehow had managed to have himself named a United Nations “special envoy” to Haiti following the massive 2010 earthquake. Even as Martelly basked in the glow of the Clintons’ friendship, he continued his close friendship with Chavez; and was rewarded with the honor of serving as a pallbearer at the Venezuelan leader’s 2013 funeral. 

The long-standing and systemic inability of Haiti’s government to fund vital domestic programs worsened as a result of the devastating 2010 earthquake that rocked the country.  Despite the injection of $10.5 billion in aid from numerous private, government and international organizations (some channeled through the Clinton Foundation), hardly any of the money found its way to improving the living conditions for Haiti’s beleaguered citizens.

Haiti’s position as a transshipment point for illicit drugs coming from South America to the United States, has made matters worse — expanding opportunities for corruption.  This scenario is well-known to the U.S. Drug Enforcement Administration; but the Obama administration did little to address the problem, even though many of the corrupt officials in Haiti maintain residences and bank accounts on the U.S. mainland.

The good news in what otherwise presents as a bleak picture for Haiti’s future, lies in the fact that the current president, Jovenel Moise, is not part of the corrupt underbelly of Haitian politics.  He is a man highly motivated to do the right thing for his country; and in so doing, continue friendships and alliances that benefit his country, the region, and the United States. But there is a catch.  

As a result of changes made to Haiti’s Constitution more than 20 years ago, the President is extremely limited in his ability to fight the money and corruption that has fueled Haiti’s poverty for decades.  His hold on power that is so vital to the country’s well-being is tenuous; and he needs all the help he can get from Haiti’s true friends, including the United States.

Jovenel Moise may very well be Haiti’s last and best hope for a legitimate government that actually serves the people.  The Trump administration must not let slip by the chance to help ensure that this historic opportunity for the Haitian people is realized.

July 17, 2019 0 comment
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BlogFrom the Desk of Bob BarrLiberty Updates

Lawmakers Are Clamoring To Make Firearm Manufacturers Liable For Other People’s Crime

by Liberty Guard Author July 10, 2019
written by Liberty Guard Author

Lawmakers Are Clamoring To Make Firearm Manufacturers Liable For Other People’s Crime

The Daily Caller.com

FORMER REP. BOB BARR
CONTRIBUTOR
June 24, 2019
4:00 PM ET

Democrats — now in control of the House of Representatives and apparently assuming that gun control will sweep their party to victory at all levels in next year’s elections — have resurrected a plan to punish firearm manufacturers and retailers when individuals commit crimes with firearms.

The plan would single out firearm manufacturers and retailers for liability beyond what is typical in other industries — a fact ignored, of course, by the legislation’s proponents.

The debate over whether a manufacturer or a retailer of a lawful product should be held liable if a subsequent user of the item misuses it criminally or negligently is not new. Even prior to our independence from Great Britain, it was an established principle that individuals and businesses engaged in lawful commerce involving lawful products would be shielded from liability, unless the products were manufactured negligently or transferred under circumstances in which their misuse or abuse was known or reasonably foreseen.

That fundamental principle embodied in British common law has remained a cornerstone of American jurisprudence for decades. With few exceptions (largely resulting from the expansion of the regulatory state over the past century), the general rule protecting businesses against subsequent abuse of their products has held fast.

However, beginning in the 1990s, gun-control advocates launched a drive to change that long-standing principle of lawful commerce, as it applied to firearms. Individuals and organizations supportive of extensive gun control, including some funded by former New York Mayor Michael Bloomberg, sought out federal and state judges similarly predisposed, and began suing firearm manufacturers and retailers.

The costly legal actions (which put many “Mom and Pop” retailers out of business) sought to hold such businesses liable when criminals used guns those manufacturers had produced or that retailers had sold; even though the businesses complied with all applicable laws and regulations.

Notwithstanding that these gun control crusaders advocated a legal theory not asserted against other products that can be and are misused (such as automobiles), and ignoring the fact that firearms occupy a position unique in America in that they are expressly protected in the Constitution against government restriction, lawsuits against firearm companies whose products are abused by criminals have continued into the 21st century.

While this phenomenon is met with glee by anti-gun forces, the harm and expense it caused lawful businesses, and the precedent it set for attacking other dis-favored commercial products, finally woke the Congress to step in a declare such discriminatory application of the legal process to be at odds with our constitutional system.

In 2005, the Congress passed the “Protection of Lawful Commerce in Arms Act” (PLCA Act) which subsequently was signed into law by President George W. Bush.

Despite cries by gun control advocates that the law provided special and unwarranted protection to firearm manufacturers and retailers, the legislation simply made clear that such entities were to be treated no different from manufacturers and retailers of other lawful products.

In other words, if a company manufactured a gun negligently or one that failed to perform according to applicable standards, and someone was injured as a result, the manufacturer could be sued like the manufacturer of any other product. And if a retailer sold a gun under circumstances establishing that they knew or reasonably should have known that it would be misused, that retailer could be held similarly liable.

Simply put, the 2005 law gave to firearm manufacturers and retailers nothing more than the same protection from liability for misuse of their products as enjoyed by any other business. Still, resentment against the PLCA Act by the left simmered.

Now, in the lead-up to the 2020 elections, that simmering resentment has boiled over. Democratic presidential wannabes and their cohorts in the Congress have begun to clamor that protection for manufacturers must be repealed. Such a proposal, in conjunction with other ill-advised actions — like empowering the Centers for Disease Control and Prevention to consider gun violence a “disease” and gun control as the “cure” — will remain regular talking points for Democrat Party candidates at least through the November 2020 elections.

For the sake of constitutional principles and sound jurisprudence, let’s hope they remain nothing more than talking points.

Bob Barr (@BobBarr) represented Georgia in the U.S. House of Representatives from 1995 to 2003. He currently serves as president and CEO of the Law Enforcement Education Foundation.

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of The Daily Caller.

July 10, 2019 0 comment
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From The Desk of Bob Barr

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