Wyden, Merkley, Bonamici, Salinas, Dexter, Colleagues Introduce Legislation to Repeal Gun Industry’s Legal Liability Shield
Legislation would give victims of gun violence legal avenues to hold manufacturers accountable for negligence in court
Washington D.C.—U.S. Senators Ron Wyden and Jeff Merkley, along with U.S. Representatives Suzanne Bonamici, Andrea Salinas and Maxine Dexter, said today they have joined colleagues in introducing legislation that would ensure 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 Equal Access to Justice for Victims of Gun Violence Act—co-sponsored by the Oregon lawmakers—would repeal a 2005 federal law that gives gun manufacturers a unique and unjustifiable legal liability shield that protects them from lawsuits.
“It is absolutely unacceptable that this industry is absolutely immune from any accountability,” Wyden said. “Other industries are subject to scrutiny for the safety and use of their products, and I believe Congress should enact common-sense gun safety regulations like the Equal Access to Justice for Victims of Gun Violence Act.”
“As we continue to face a nationwide gun violence crisis, we must ensure that gun companies and gun sellers are held accountable when their negligence costs lives,” Merkley said. “For the sake of all those who have lost loved ones to this tragic epidemic, we must take our pain and grief and turn it into real action, with the Equal Access to Justice for Victims of Gun Violence Act and other common-sense gun safety reforms.”
“Gun violence is a leading cause of death in the country, yet unscrupulous gun companies and gun sellers continue to evade accountability because of a legal shield passed two decades ago. I am grateful to join my colleagues in this long-overdue effort to overturn this misguided law and allow gun violence victims to seek justice,” Bonamici said.
“Current laws give negligent gun makers unprecedented special treatment that shields them from accountability for malpractice, leaving victims of gun violence without recourse in the courts. The Equal Access to Justice for Victims of Gun Violence Act is a way for Congress to stand up for victims of gun violence through our judicial system," Salinas said.
“As a mother, I’ll never forget the terror of not being able to reach my daughter while she was in lockdown for over 12 hours during a mass shooting at the University of Virginia. As a physician, I’ve held the hands of patients and families devastated by gun violence. And as someone who has volunteered with Moms Demand Action and served on gun violence prevention task forces, I know this crisis demands urgent action. No other industry gets a free pass when their negligence leads to death. Repealing PLCAA is a necessary step to give survivors and families their day in court and to finally hold the gun industry accountable—just like every other industry. I’m proud to support the Equal Access to Justice for Victims of Gun Violence Act,” said Dexter.
When Congress in 2005 passed the Protection of Lawful Commerce in Arms Act (PLCAA) giving the gun industry legal liability, its supporters argued 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 based on this law, 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 Equal Access to Justice for Victims of Gun Violence Act allows civil cases to go forward against irresponsible bad actors.
In 2005, the National Rifle Association identified PLCAA as its “number one” legislative priority, and celebrated its passage by 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, and Sandy Hook Promise Action Fund.
The legislation was led in the Senate by U.S. Senators Richard Blumenthal, D-Conn., Adam Schiff, D-Calif., and Chris Murphy, D-Conn. In addition to Wyden and Merkley, the legislation is also co-sponsored by Senate Democratic Leader Chuck Schumer, D-N.Y. and U.S. Senators Tammy Baldwin, D-Wis., Cory Booker, D-N.J., Chris Coons, D-Del., Tammy Duckworth, D-Ill., Dick Durbin, D-Ill., John Fetterman, D-Pa., Kirsten Gillibrand, D-N.Y., John Hickenlooper, D-Colo., Mazie K. Hirono, D-Hawaii, Tim Kaine, D-Va., Edward J. Markey, D-Mass., Patty Murray, D-Wash., Alex Padilla, D-Calif., Jack Reed, D-R.I., Bernie Sanders, I-Vt., Chris Van Hollen, D-Md., Elizabeth Warren, D-Mass., Peter Welch, D-Conn., and Sheldon Whitehouse, D-R.I.
The legislation was led in the House by U.S. Representatives Eric Swalwell, D-Calif., Jason Crow, D-Colo., Dwight Evans, D-Pa., and Mike Thompson, D-Calif. In addition to Bonamici, Salinas and Dexter, the legislation is also cosponsored by U.S. Representatives Gabe Amo, D-R.I., Jake Auchincloss, D-Mass., Wesley Bell, D-Mo., Don Beyer, D-Va., Shontel Brown, D-Ohio, Julia Brownley, D-Calif., Salud Carbajal, D-Calif., Sean Casten, D-Ill., Judy Chu, D-Calif., Emanuel Cleaver, D-Mo., Danny Davis, D-Ill., Madeleine Dean, D-Pa., Rosa DeLauro, D-Conn., Suzan DelBene, D-Wash., Chris Deluzio, D-Pa., Mark DeSaulnier, D-Calif., Lizzie Fletcher, D-Texas, Maxwell Frost, D-Fla., John Garamendi, D-Calif., Daniel Goldman, D-N.Y., Jimmy Gomez, D-Calif., Sara Jacobs, D-Calif., Pramila Jayapal, D-Wash., Hank Johnson, D-Ga., Robin Kelly, D-Ill., Timothy Kennedy, D-N.Y., Raja Krishnamoorthi, D-Ill., Stephen Lynch, D-Mass., Seth Magaziner, D-R.I., Betty McCollum, D-Minn., LaMonica McIver, D-N.J., Joe Morelle, D-N.Y., Kelly Morrison, D-Minn., Seth Moulton, D-Mass., Joe Neguse, D-Colo., Eleanor Holmes Norton, D-D.C., Ilhan Omar, D-Minn., Jimmy Panetta, D-Calif., Scott Peters, D-Calif., Chellie Pingree, D-Maine, Mike Quigley, D-Ill., Jamie Raskin, D-Md., Mary Gay Scanlon, D-Pa., Jan Schakowsky, D-Ill., Brad Schneider, D-Ill., David Scott, D-Ga., Lateefah Simon, D-Calif., Dina Titus, D-Nev., Rashida Tlaib, D-Mich., and Jill Tokuda, D-Hawaii.
The full text of the bill is here.
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