U.S. Senators Tim Kaine (D-VA), Richard Blumenthal (D-CT) and Chris Murphy (D-CT) recently introduced a bill which would repeal the Protection of Lawful Commerce in Arms Act, or PLCAA — an act which protects gun manufacturers and dealers from being held liable for crimes committed with the weapons they sold.
The Equal Access to Justice for Victims of Gun Violence Act, introduced Thursday, has already gained support from several Democratic senators who have signed on as cosponsors. Rep. Adam Schiff has introduced a companion bill in the House of Representatives.
Opponents of the PLCAA — which was passed by Congress in 2005 — argue the act protects the gun industry more than any other industry in the United States, while its supporters argue the act is necessary to protect the gun industry from unconstitutional civil suits. Since the PLCAA was passed, only two cases against the gun industry have made it to jury trial.
The new act will prevent the gun industry from being shielded from lawsuits “when it acts with negligence and disregard for public safety,” Kaine said in an email statement.
“If we can encourage the gun industry to have a higher obligation to act with reasonable care for the safety of the public and stop them from turning a blind eye to straw purchasers or traffickers, then I think that will certainly make society safer while protecting Second Amendment rights,” Kaine said.
Lars Dalseide, media manager for the National Rifle Association, said the bill is an attempt to “[exploit] crime victims to push a gun-control agenda.”
“The Protection of Lawful Commerce in Arms Act did not create a special blanket immunity, it only ensures that suits brought against dealers or manufacturers comport with longstanding rules of law,” Dalseide said in an email statement. “Manufacturers can still be sued for negligent design or manufacturing of a product and dealers can still be sued for knowingly selling to a prohibited person.”
Kaine said he hopes “Congress will finally stand up to the gun industry and their lobby to pass common sense gun safety measures.”
However, Dalseide said the proposed bill is another example of anti-gun politicians exploiting crime victims to push a gun-control agenda.
“What Senators Kaine and Blumenthal do with their bill is exactly [what] they claim PLCAA already does — create a special class of liability for gun manufacturers and dealers,” Dalseide said.
Sam Tobin, third-year College student and president of the University Democrats, said he believes the Republican majority in both the Senate and House will prevent it from passing.
“For now, it’s not going to go anywhere, but it’s still important to introduce this bill so Sen. Kaine can let the people of Virginia know where he stands, and we can have this discussion so this issue can enter the public forum of debate,” Tobin said.
College Republicans did not respond to a request for comment.
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