Pass the Equal Access to Justice for Victims of Gun Violence Act.
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I’m writing as a constituent to urge Congress to pass H.R.4184 and S.2048, The Equal Access to Justice for Victims of Gun Violence Act. This bill would repeal the Protection of Lawful Commerce in Arms Act (PLCAA) to ensure that the survivors of gun violence will be allowed to have their day in court and that gun manufacturers, sellers and interest groups are not shielded from liability when they act with negligence and disregard for public safety.
In 2005, Congress passed PLCAA, which provides immunity in state and federal courts from civil liability for manufacturers, distributors, and dealers of firearms, as well as its trade associations, in most negligence and products liability actions. The gun industry enjoys this unique immunity from liability under well-established common law principles that apply to everyone else in society. As a result, gun makers and sellers do not act with the safety of the public in mind. Under the current law, the gun industry cannot be sued by consumers who are harmed by their products, unlike virtually every other manufacturer of consumer products. It also allows gun sellers to turn a blind eye to straw purchasers or traffickers who may buy hundreds of weapons to transfer them to others with no background check whatsoever.
Numerous cases across the nation have been dismissed on the basis of PLCAA even when the gun industry actions would qualify as negligent if it involved any other product, and many additional cases have likely not been brought due to the chilling effect of PLCAA’s blanket immunity. PLCAA immunizes the gun industry that manufactures, distributes and sells lethal weapons from its fundamental duty to act responsibly in the interest of public safety and empowers the worst actors to act with impunity.
It’s long past time to repeal PLCAA to allow civil cases to go forward against irresponsible actors in state and federal courts, just as they would if they involved any other product. Letting courts hear these cases would provide victims of gun violence their day in court and the Equal Access to Justice for Victims of Gun Violence Act would promote responsible business practices that would reduce gun deaths and injuries. Let’s get this done, please! Thanks.