Democratic lawmakers introduced legislation on Tuesday to end special legal protections for the gun industry and allow victims of gun violence to sue manufacturers. Rep. Adam Schiff (D-Calif.) and Sen. Richard Blumenthal (D-Conn.) reintroduced the Equal Access to Justice for Victims of Gun Violence Act. The bill is meant to ensure that gun manufacturers, sellers and trade groups are not immune to civil liability in cases of alleged negligence. “The gun industry should not enjoy special privileges and protections, especially while our nation is plagued by an epidemic of mass shootings and everyday gun violence, ” Schiff said in a Tuesday statement. “This bill would pierce the gun industry’s liability shield by putting an end to the special protections the gun industry receives when they shirk their fundamental responsibility to act with reasonable care for the public safety. Victims of gun violence deserve their day in court.”

Victims of gun violence deserve their day in court.



Watch as @SenBlumenthal and I, alongside activists with @MomsDemand, @NewtownAction, @bradybuzz & @GiffordsCourage, introduce legislation to hold the gun industry accountable: https://t.co/qmPp8mH9XF — Adam Schiff (@RepAdamSchiff) June 11, 2019

The bill would repeal the Protection of Lawful Commerce in Arms Act (PLCAA), which Congress passed in 2005. PLCAA provides immunity for licensed firearm manufacturers, distributors, dealers and trade groups from most civil lawsuits in state and federal court when a firearm is used unlawfully. Supporters of PLCAA have said the immunity ensures that the gun industry is protected from “frivolous” lawsuits, though co-sponsors of Tuesday’s bill said numerous gun violence victims’ cases throughout the country have been dismissed on the basis of PLCAA. “Under state and federal law, we require and expect every other industry ― whether car makers or drug companies ― to act with reasonable care for public safety. But in 2005, after furious lobbying by the [National Rifle Association], Congress passed PLCAA to create a special carve-out for the gun industry,” Schiff said in a news conference, surrounded by members of gun violence prevention groups, including Moms Demand Action, March for Our Lives and Giffords. “Responsible actors in the gun industry don’t need this limitation on liability, and the irresponsible ones don’t deserve it.” In addition to repealing PLCAA, the bill would allow those filing civil lawsuits in state and federal courts to subpoena and introduce relevant gun trace data maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Currently, a provision in the Commerce-Justice-Science appropriations bill blocks the discovery and introduction into evidence of the ATF’s gun trace data as part of civil proceedings, but co-sponsors of Tuesday’s bill said such data can help establish a pattern of negligent behavior by the firearm’s manufacturer or dealer.

We've got legislation to:

- close loopholes in the background record check system

- hold gun manufacturers accountable

- keep guns out of the hands of domestic abusers

- place responsible limits on combat-style weapons & high-capacity magazines@senatemajldr: Please. Let's vote. — Tim Kaine (@timkaine) June 11, 2019