Source: United States House of Representatives – Representative Eric Swalwell (CA-15)
Legislation would give victims of gun violence their day in
court & enable them to hold manufacturers accountable for negligence
Video of a virtual press conference announcing
the bill is available here
[WASHINGTON, D.C.] – During the first week of Gun Violence Awareness Month, U.S. Senators Richard Blumenthal (D-CT), Adam Schiff (D-CA) and Chris Murphy (D-CT) and U.S. Representatives Eric Swalwell (D-CA), Jason Crow (D-CO), Dwight Evans (D-PA), and Mike Thompson (D-CA) led a group of 81 Members of Congress in introducing the bicameral Equal Access to Justice for Victims of Gun Violence Act, legislation to ensure that victims of gun violence have their day in court and that negligent gun companies and gun sellers are not shielded from liability when they disregard public safety. The bill would repeal the Protection of Lawful Commerce in Arms Act (PLCAA), passed by Congress in 2005, which gives the gun industry a unique and unjustifiable legal liability shield that protects gun manufacturers from lawsuits.
Blumenthal, Swalwell, Schiff, Murphy, Evans, and Thompson announced the legislation this week during a virtual press conference joined by leading gun violence prevention advocates: Kris Brown, President of Brady; Angela Ferrell-Zabala, Executive Director of Moms Demand Action; and Adam Skaggs, Chief Counsel and Vice President of GIFFORDS Law Center. Video of the press conference is available here.
“PLCAA is the ultimate sweetheart deal – legal immunity afforded to basically no other industry for a product that kills tens of thousands of Americans every year,” Blumenthal said. “Despite the strength and perseverance of the Sandy Hook, Uvalde, and Highland Park families – and the tenacity of their legal teams – this is a problem that cannot be solved only through the courts. PLCAA must be repealed by Congress.”
“No industry in American has a liability shield like gun manufacturers, distributors, dealers, and importers,” said Swalwell. “The NRA and their GOP stooges made sure that the gun industry has a unique immunity from accountability. This bill ends that ridiculous carve out. The Equal Access to Justice for Victims of Gun Violence Act will finally repeal the Protection of Lawful Commerce in Arms Act (PLCAA) once and for all, allowing victims of gun violence to bring civil suits against gun producers and sellers. The time has long since come for Congress to be clear – if you put the most dangerous weapons in the hands of the most dangerous people, you will be held accountable.”
“More than a 100 Americans are killed by a gun every single day in America. And yet, Congress does nothing to hold the gun industry accountable when the negligence of gun makers and dealers is responsible for the tragic consequences their products have on our kids, our families, and our communities. As long as gun violence continues to take the lives of so many in California and across the nation, I will fight to repeal the liability shield that wrongly protects negligent gun industry actors from liability,” said Schiff.
“There’s absolutely no reason why the gun industry should get special treatment when it comes to negligence. Their immunity from lawsuits effectively gives them a license to kill. It’s past time for Congress to repeal PLCAA and allow gun violence victims their day in court,” said Murphy.
“Victims and survivors should be able to hold the gun industry accountable in court for negligent behavior. But right now, the gun industry is shielded from any liability when they disregard public safety. That’s wrong,” said Crow. “I’m introducing this bill so we can finally hold the gun industry responsible.”
“As someone who’s advocated for this concept in Pennsylvania’s legislature and now in Congress, I’m proud to be a co-lead on this bill to restore this basic right of victims and survivors – a right that a heavy-handed federal government took away 20 years ago. So many American gun deaths could be avoided if we held companies accountable for things like illegal sales, defective guns and irresponsible marketing. State attorneys general were able to hold Big Tobacco accountable in the 1990s, and they should be able to hold gun manufacturing companies accountable in the 21st century since thousands of lives depend on it. This legislation would be an important tool in the toolbox to protect our citizens from gun violence,” said Evans.
“In the 20 years since PLCAA was passed, it’s become clear that negligent gun manufacturers and dealers have taken advantage of the law. Responsible manufacturers and dealers don’t need this legal protection – and irresponsible ones are hiding behind it. As a hunter, combat veteran and responsible gun owner, I’m proud to work with Senator Blumenthal and Representative Swalwell to introduce this sensible legislation,” said Thompson, Chair of the Gun Violence Prevention Task Force.
When Congress passed PLCAA, its supporters argued that it was necessary to protect the gun industry from frivolous lawsuits, and that victims of gun violence would not be shut out of the courts. In reality, numerous cases around the nation have been dismissed on the basis of PLCAA, even when the gun dealers and manufacturers acted in a fashion that would qualify as negligent if it involved any other product. Victims in these cases were denied the right to even discover or introduce evidence. This legislation allows civil cases to go forward against irresponsible bad actors.
In 2005, the National Rifle Association (NRA) identified PLCAA as their “number one” legislative priority, and the NRA celebrated the passage calling it the “most significant piece of pro-gun legislation in twenty years.” Letting courts hear these cases would provide justice to victims and their families, while creating incentives for responsible business practices that would reduce injuries and deaths. Effectively, the gun industry would once again be subject to the same laws as every other industry, just as it was prior to 2005.
The legislation is endorsed by Brady, GIFFORDS Law Center, Everytown for Gun Safety, March for Our Lives, Guns Down America, Newtown Action Alliance, Sandy Hook Promise Action Fund, and Equality California.
“PLCAA gives the gun industry a free pass to put profits over people—legally. When defective firearms or irresponsible gun sellers cause harm, victims are left powerless and justice is delayed or denied. No other industry gets this kind of special treatment,” said Mark Collins, Director of Federal Policy at Brady. “The gun industry has made it clear: they won’t change on their own, no matter how much devastation they leave behind. So the law must change. Brady is proud to endorse Senator Blumenthal’s bill to end the gun lobby’s stranglehold on accountability and remove the option of hiding behind PLCAA to dodge responsibility. The gun industry shouldn’t get special protection while communities suffer.”
“For too long, gun lobby CEOs have operated above the law, shielded from accountability while families of gun violence victims are denied their day in court. The Equal Access to Justice for Victims of Gun Violence Act will finally repeal the gun lobby’s sweetheart deal and restore Americans’ right to seek justice. When companies can be held responsible for harm, they have a reason to act more safely—it’s time to hold the gun industry accountable and put people over profits. We applaud Senator Blumenthal for championing this critical legislation and for his commitment to reducing gun violence and improving public safety,” said Emma Brown, Executive Director of GIFFORDS and GIFFORDS Law Center.
“The gun industry has a long track record of putting profits over public safety – and it’s the American people who are paying the price,” said John Feinblatt, president of Everytown for Gun Safety. “We’re proud to stand with Senator Blumenthal and Representative Swalwell as they work to hold the gun industry to the same rules as every other industry.”
“Every student in America goes to school wondering if today will be the day they don’t come home. They practice lockdown drills while gun manufacturers hide behind PLCAA, a law that shields them from any accountability,” said Jackie Corin, Executive Director of March For Our Lives. “The families of Parkland victims fight for justice while gun companies profit from illegal gun sales and reckless marketing practices that fuel mass shootings, all while being protected from consequences. When grieving families are denied their day in court because of special protections for gun manufacturers, that is not justice. That is cruelty. Every family shattered by gun violence deserves a system that protects them, not the companies profiting off their pain. That’s why March For Our Lives is proud to support the Equal Access to Justice for Victims of Gun Violence Act and ensure the gun industry finally has to answer to us.”
“The Equal Access to Justice for Victims of Gun Violence Act restores the rights of the American people to seek justice from negligent corporations. People, families, and communities have been systematically denied access to valid litigation against the gun industry since President George W. Bush signed the Protection of Lawful Commerce in Arms Act in 2005. This legal shield has privileged the gun industry with sweeping immunity, leading them to lean into more aggressive, more deadly, and ever more avaricious corporate actions that endanger every American,” said Hudson Munoz with Guns Down America. “We commend Senator Blumenthal and Representative Swalwell for their dedication to seeing that shield fall so every person impacted by gun violence has the ability to pursue justice again.”
“As a neighbor of the Sandy Hook shooter and many victims, I carry the heartbreak of that day every single moment,” said Po Murray, Chairwoman of Newtown Action Alliance. “I’m grateful to Senator Blumenthal for reintroducing the Equal Access to Justice for Victims of Gun Violence Act—because no industry that profits from death should be shielded from accountability. The gun industry’s unique civil legal protection has allowed it to market weapons of war and other deadly firearms and accessories with impunity, fueling an epidemic that steals thousands of lives each year. The families impacted by gun violence from Sandy Hook to Chicago to Monterey Park—and every family member shattered by gun violence—deserve their day in court.”
“The Protection of Lawful Commerce in Arms Act (PLCAA) provides a pathway for the firearms industry to continue irresponsible practices in ways that no other industry is permitted to conduct. Under this legislation, the rights of victims – some of whom have been irrevocably harmed by these deadly products – are shown to be less important than the special interests of manufacturers, distributors, and dealers. This cannot be allowed to continue. We applaud Senator Blumenthal and his team for their leadership in re-introducing the Equal Access to Justice for Victims of Gun Violence Act, and call upon Congress to pass this bill,” said Mark Barden, co-founder and co-CEO of the Sandy Hook Promise Action Fund and father of Daniel, who was killed in the Sandy Hook Elementary School tragedy.
The legislation is also co-sponsored by Senate Democratic Leader Chuck Schumer (D-NY) and U.S. Senators Tammy Baldwin (D-WI), Cory Booker (D-NJ), Chris Coons (D-DE), Tammy Duckworth (D-IL), Dick Durbin (D-IL), John Fetterman (D-PA), Kirsten Gillibrand (D-NY), John Hickenlooper (D-CO), Mazie K. Hirono (D-HI), Tim Kaine (D-VA), Edward J. Markey (D-MA), Jeff Merkley (D-OR), Patty Murray (D-WA), Alex Padilla (D-CA), Jack Reed (D-RI), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Peter Welch (D-CT), Sheldon Whitehouse (D-RI) and Ron Wyden (D-OR).
The bill is also cosponsored by U.S. Representatives Gabe Amo (D-RI), Jake Auchincloss (D-MA), Wesley Bell (D-MO), Don Beyer (D-VA), Suzanne Bonamici (D-OR), Shontel Brown (D-OH), Julia Brownley (D-CA), Salud Carbajal (D-CA), Sean Casten (D-IL), Judy Chu (D-CA), Emanuel Cleaver (D-MO), Danny Davis (D-IL), Madeleine Dean (D-PA), Rosa DeLauro (D-CT), Suzan DelBene (D-WA), Chris Deluzio (D-PA), Mark DeSaulnier (D-CA), Maxine Dexter (D-OR), Lizzie Fletcher (D-TX), Maxwell Frost (D-FL), John Garamendi (D-CA), Daniel Goldman (D-NY), Jimmy Gomez (D-CA), Sara Jacobs (D-CA), Pramila Jayapal (D-WA), Hank Johnson (D-GA), Robin Kelly (D-IL), Timothy Kennedy (D-NY), Raja Krishnamoorthi (D-IL), Stephen Lynch (D-MA), Seth Magaziner (D-RI), Betty McCollum (D-MN), LaMonica McIver (D-NJ), Joe Morelle (D-NY), Kelly Morrison (D-MN), Seth Moulton (D-MA), Joe Neguse (D-CO), Eleanor Holmes Norton (D-DC), Ilhan Omar (D-MN), Jimmy Panetta (D-CA), Scott Peters (D-CA), Chellie Pingree (D-ME), Mike Quigley (D-IL), Jamie Raskin (D-MD), Andrea Salinas (D-OR), Mary Gay Scanlon (D-PA), Jan Schakowsky (D-IL), Brad Schneider (D-IL), David Scott (D-GA), Lateefah Simon (D-CA), Dina Titus (D-NV), Rashida Tlaib (D-MI), and Jill Tokuda (D-HI).
Text of the legislation can be found here.