Van Hollen Joins Colleagues in Introducing Bicameral Bill to Repeal the Gun Industry’s Legal Liability Shield
Legislation would give victims of gun violence their day in court & enable them to hold manufacturers accountable for negligence
Today, during the first week of Gun Violence Awareness Month, U.S. Senator Chris Van Hollen (D-Md.) joined Senators Richard Blumenthal (D-Conn.), Adam Schiff (D-Calif.) and Chris Murphy (D-Conn.) and U.S. Representatives Eric Swalwell (D-Calif.), Jason Crow (D-Colo.), Dwight Evans (D-Pa.), and Mike Thompson (D-Calif.) and a group of 80 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.
“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, and Sandy Hook Promise Action Fund.
“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-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.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Alex Padilla (D-Calif.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.), Elizabeth Warren (D-Mass.), Peter Welch (D-Ct.), Sheldon Whitehouse (D-R,I,) and Ron Wyden (D-Ore.).
The bill is also cosponsored by U.S. Representatives Gabe Amo (D-R.I.), Jake Auchincloss (D-Mass.), Wesley Bell (D-Mo.), Don Beyer (D-Va.), Suzanne Bonamici (D-Ore.), 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-Ct.), Suzan DelBene (D-Wash.), Chris Deluzio (D-Pa.), Mark DeSaulnier (D-Calif.), Maxine Dexter (D-Ore.), 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.), Andrea Salinas (D-Ore.), 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).