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Samantha Putterman—
Politifact
In the wake of the deadly elementary school shooting in Uvalde, Texas, President Joe Biden repeated an inaccurate statement, saying that weapons manufacturers are the “only industry” with immunity from legal action for harm caused by such weapons.
“We should repeal the liability shield that often protects gun manufacturers from being sued for the death and destruction caused by their weapons,” Biden wrote on Twitter on June 2.
“They are the only industry in the country that has this type of immunity.
It is outrageous.
Must end".
[Armed man arrested near home of Supreme Court Justice Brett Kavanaugh who threatened to kill him]
The same day, Biden repeated that point in a speech about gun violence at the White House (around 18:28 of the video).
Biden has said the same thing on other occasions, including in April 2021 when he spoke about gun violence after two separate shootings in March of that year: One man killed eight people at three Atlanta-area spas and another killed 10 people in a store in Boulder, Colorado.
And he repeated it in his 2022 State of the Union address.
But that statement is inaccurate.
The gun industry is indeed susceptible to some lawsuits, and there are federal laws that restrict the liability of other types of businesses.
We have reached out to the White House for comment but have not heard back.
A person tests a gun during the National Rifle Association (NRA) convention in Houston, Texas, on May 29, 2022, days after the shooting at a Uvalde school. Shannon Stapleton / REUTERS
Arms industry protection
The legislation Biden is likely referring to is the Lawful Trade in Arms Protection Act, signed into law in 2005 by President George W. Bush.
The law says gun dealers and manufacturers cannot be sued when their products are misused.
But the law lists several situations that are not protected from liability.
It does not protect gun dealers who knowingly transfer a gun that it will be used for criminal purposes, or those who violate state or federal law if those violations result in harm to others.
Gun manufacturers can also be sued for certain injuries due to defects in gun design.
[An 11-year-old girl tells Congress how she smeared blood to survive the Uvalde shooting: "I don't want it to happen again," she asks]
Supporters of the law say it protects gun dealers and manufacturers from frivolous and costly proceedings, while critics argue that the law's breadth and narrow exceptions prevent some victims from taking their cases to court.
But this is different from saying that the gun industry is immune from all lawsuits.
For example, in 2019, the Supreme Court allowed a lawsuit brought by nine families of Sandy Hook victims against the gun manufacturer Remington Arms Company to proceed.
Remington manufactured the gun used in the mass shooting, and the plaintiffs sought to hold the company partly responsible, pointing to its marketing practices.
The families reached a settlement with the gunmaker in February 2022 for $73 million.
On video: A 12-year-old boy fires a gun to rob a gas station in Michigan
June 8, 202201:21
It is not the only industry
Other industries have disclaimers.
For example, a law from the 1980s states that vaccine manufacturers cannot be held liable in civil lawsuits brought by victims of injuries caused by defective vaccines.
However, this differs from the gun legislation because the Vaccine Injury Compensation Program was established, through which alleged victims can file a claim and receive compensation.
This money comes from the Government, not from companies.
It's also important to note that until 2024, the pharmaceutical companies that make the COVID-19 vaccines will have immunity from liability claims under a 2005 public health law.
[Seven states have raised the age to purchase AR-15 rifles. But there are still 43 left]
There is also some liability protection in the medical device and airline industries, Walter Olson, a senior fellow at the Cato Institute and an expert in tort law, previously explained to PolitiFact.
For example, the General Aviation Revitalization Act of 1994 provides that manufacturers of small aircraft cannot be sued for accidents involving aircraft over 18 years old.
“It's not unique to the gun industry at all.
It's a version (of liability law) that Congress developed for an industry that was under heavy attack," Olson said, referring to the series of lawsuits against gun sellers and manufacturers that led Congress to pass the law.
They manufacture bulletproof shelves for more protection in schools
June 8, 202200:28
our verdict
Biden said gun manufacturers are the only industry in the United States that is exempt from being sued.
This is not exact.
The gun industry is not entirely exempt from being sued and is susceptible to some lawsuits.
In addition, there are federal laws that restrict liability for various business sectors, not just guns.
Therefore, we
rate Biden's claim as false
.