East Arapahoe News

WASHINGTON —  Representative Jason Crow (CO-06), Army veteran and member of the Gun Violence Prevention Task Force, with Representatives Adam Schiff (CA-30) and Dwight Evans (PA-03) and Senators Richard Blumenthal (D-CT) and Chris Murphy (D-CT) reintroduced the Equal Access to Justice for Victims of Gun Violence Act, legislation to help clear the path to justice for victims and survivors of gun violence by removing barriers to holding gun industry actors accountable for negligence and disregard for public safety. 

Historically, firearms manufacturers, sellers, and interest groups have relied on  provisions in the Protection of Lawful Commerce in Arms Act (PLCAA) to shield them from civil liability, leaving countless gun violence victims and survivors without a path to recourse through the justice system. Reintroduced last July on the 10th anniversary of the Aurora Theater Shooting, this bill would repeal thePLCAA as a critical step towards delivering the justice gun violence victims, survivors, and their loved ones deserve. 

“Gun violence is tearing our communities apart. Victims and survivors should be able to hold the gun industry accountable for negligent behavior, but under current law they’re protected from liability,” said Congressman Crow. “The PLCAA further burdens family members who are seeking justice for the loss of their loved ones. We’re introducing this bill to repeal the legislation barring the gun industry from liability and loosen the grip the gun lobby has on our lives.”

In Colorado, Sandy and Lonnie Phillips, the parents of Jessi Ghawi who was killed in the Aurora Theater shooting, attempted to sue Lucky Gunner, the ammunition dealer who sold gear, ammunition, and weapons without a background check to the shooter over the internet. The lawsuit was dismissed and the Phillips were ordered to pay over $200,000 in legal fees to Lucky Gunner, ultimately bankrupting them. Repealing the PLCAA is critical for giving families like the Phillips’ the chance to seek justice for gun violence in our communities.  

“Gun violence continues to take the lives of ordinary Americans every day, because Washington refuses to hold the gun industry accountable. I’m reintroducing my bill to repeal the liability shield that wrongly protects negligent gun makers and dealers from lawsuits. We must not let gun manufacturers get away with reckless practices that have life or death consequences for our kids, our parents, and our neighbors,” said Congressman Schiff. 

“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 Congressman Schiff’s bill to restore this basic right of victims and survivors. So many American gun deaths could be avoided if we held these 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 another tool in the toolbox to protect our citizens from gun violence,” said Congressman Evans. 

“The gun industry’s legal immunity has given it a free pass to negligently manufacture and distribute weapons of war – often with devastating consequences for communities across the country,” said Senator Blumenthal. “Repealing PLCAA’s protective shield will hold manufacturers accountable for wrongdoing and allow victims, survivors, and families to seek justice. Those impacted by our gun violence epidemic deserve their day in court. Passing this measure and ending the industry’s sweetheart deal is long overdue.”     

“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 Senator Murphy.

The legislation is endorsed by Brady United Against Gun Violence, Giffords, Newtown Action Alliance, Everytown for Gun Safety, Guns Down America, Sandy Hook Promise Action Fund, and March for Our Lives.

“Whether it's by making their products deadlier, marketing them in irresponsible ways, or continuing to supply rogue gun dealers, the decisions made in the gun industry’s corporate boardrooms have a direct impact on America’s gun violence epidemic,” said John Feinblatt, President of Everytown for Gun Safety. “We’re proud to stand with Senator Blumenthal and Representative Schiff as they work to hold the gun industry accountable and ensure they play by the same rules as every other industry.”

"Repealing the Protection of Lawful Commerce in Arms Act (PLCAA) is long overdue. We cannot continue to allow special carveouts and legal exemptions for gun manufacturers, distributors, and dealers to take away the right of victims of gun violence to have their day in court," said Mark Barden, co-founder and CEO of the Sandy Hook Promise Action Fund and father of Daniel, who was killed in the Sandy Hook Elementary School tragedy. “We thank Senator Blumenthal for his leadership in introducing the Equal Access to Justice for Victims of Gun Violence Act of 2023."

“Firearms manufacturers sell the single deadliest consumer product in this country. More kids are killed by their guns than anything else,” said Elena Perez, Senior Policy Associate at March For Our Lives. “Yet they’re held to a lower standard of responsibility than refrigerator manufacturers, or bicycle manufacturers, or practically any other company in America. Thanks to PLCAA, in America today, the gun industry is above the law. That’s wrong. We’re glad to support this bill to right a terrible wrong, to hold the gun industry accountable, and to give victims of gun violence their day in court.”

“For far too long, the gun lobby has been able to deny survivors of gun violence their day in court because it is one of the only industries in the country that’s been given broad immunity even while it continues to market a product that is leading to thousands of Americans dying every year. I’m grateful for the leadership of Rep. Schiff, Evans, and Crow on this critical issue,” said Shannon Grady, Interim Executive Director of Guns Down America.

“Since PLCAA was passed in 2005, we have lost hundreds of thousands of American lives to gun violence. All the while, PLCAA-enforced barriers have often barred survivors and their families from having access to rightful justice against negligent firearm manufacturers, dealers, and distributors. Until the gun industry is subject to the same accountability as every other industry and incentivized to act responsibly, they will continue to aid and abet this public health crisis robbing us of American lives in the process. Brady is grateful to Congressman Schiff and Senator Blumenthal for reintroducing this vital legislation and forging a path towards justice for those impacted by the gun industry's harm,” said Kris Brown, President of Brady.

Congressman Crow has been a champion of common sense gun violence prevention legislation, including reintroducing the Closing the Loophole on Interstate Firearm Sales Act in March – legislation first developed a month after a woman from Florida infatuated by Columbine caused statewide-panic in Colorado in 2019. Crow also co-led efforts to ensure proper implementation of the Bipartisan Safer Communities Act, legislation he helped pass into law in 2022 and the first comprehensive gun safety reform package in nearly 30 years.

Read the full text of the legislation here. 

Original source can be found here