Kaine & Colleagues Introduce Legislation to Repeal the Gun Industry’s Legal Liability Shield
WASHINGTON, D.C. – U.S. Senator Tim Kaine joined Senators Richard Blumenthal (D-CT) and Chris Murphy (D-CT) in reintroducing the 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.
“Every community across Virginia has been impacted by the scourge of gun violence, and the gun industry should be held accountable when they act with negligence and disregard public safety,” said Kaine. “Repealing this liability shield would better protect our communities, encourage gun makers and sellers to act responsibly, and allow survivors of gun violence to seek justice in court.”
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 way that would qualify as negligent if it involved any other product. Victims in these cases were denied the right to discover or introduce evidence of negligence. Letting courts hear these cases would provide justice to victims and their families and create incentives for responsible business practices that would reduce injuries and deaths. This legislation would ensure the gun industry is subject to the same laws as every other industry, just as it was prior to 2005.
Joining Kaine, Blumenthal, and Murphy in cosponsoring the bill are Senators Tom Carper (D-DE), Bob Casey (D-PA), Dianne Feinstein (D-CA), Sheldon Whitehouse (D-RI), John Fetterman (D-PA), Alex Padilla (D-CA), Edward J. Markey (D-MA), Elizabeth Warren (D-MA), Jeff Merkley (D-OR), Ben Cardin (D-MD), Bob Menendez (D-NJ), Mazie Hirono (D-HI), Peter Welch (D-VT), Cory Booker (D-NJ), Ron Wyden (D-OR), Kirsten Gillibrand (D-NY), Jack Reed (D-RI), Tammy Baldwin (D-WI), Tammy Duckworth (D-IL), Chris Van Hollen (D-MD), Bernie Sanders (I-VT), Dick Durbin (D-IL), and Chris Coons (D-DE). Companion legislation is being introduced in the U.S. House of Representatives and is led by Representatives Adam Schiff (D-CA-30), Dwight Evans (D-PA-3), and Jason Crow (D-CO-06).
Kaine has long supported efforts to prevent gun violence and make our communities safer. Last year, Kaine voted to pass the Bipartisan Safer Communities Act, landmark legislation to curb gun violence. Senator Kaine introduced the Virginia Plan to Reduce Gun Violence, which would improve background checks, strengthen safeguards for victims of domestic violence, and establish a federal Extreme Risk Protection Order process to remove firearms from individuals who pose a high risk of harming themselves or others. Kaine has also recently introduced legislation to close the loophole that allows gun sales to proceed if a background check is not completed within a certain time period and legislation to ban the marketing of firearms to children.
Full text of the bill is available here.
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