U.S. Rep. Adam Schiff (D-Los Angeles) and U.S. Sen. Richard Blumenthal (D-Connecticut) have reintroduced the Equal Access to Justice for Victims of Gun Violence Act, legislation to ensure that the gun industry – manufacturers, sellers and interest groups – are not shielded from liability when it acts with negligence and disregard for public safety. The bill would repeal the Protection of Lawful Commerce in Arms Act.

In 2005, Congress passed PLCAA, which provides immunity from civil liability in state and federal court for firearm manufacturers, distributors and dealers, as well as their trade associations, in most negligence and products liability actions. The immunity from liability is unique to the gun industry. As most gun companies are responsible businesses, the immunity protects only the worst actors in the industry, according to the legislation’s authors.

“Our nation is plagued by an epidemic of mass shootings and everyday gun violence. While not every murderous act can be prevented by any single measure, we should use a comprehensive approach that includes holding the gun industry accountable when it acts negligently, just as we do with other industries.” Schiff said.

“When 10 Sandy Hook families courageously took the manufacturer and distributor of the AR-15 used in that horrific tragedy to court, the deceptively named Protection of Lawful Commerce in Arms Act was used as a complete barrier to their pursuit of justice. That’s because under current law – and unlike virtually every other manufacturer of consumer products – the gun industry cannot be sued by consumers who are harmed by their products,” Blumenthal said.

When Congress passed PLCAA, its supporters argued that it was necessary to protect the gun industry from frivolous lawsuits, but that victims of gun violence would not be shut out of the courts. Senator Larry Craig, the sponsor of the legislation and at the time a member of the NRA’s board, stated during debate on the Senate floor, “This bill will not prevent a single victim from obtaining relief for wrongs done to them by anyone in the gun industry.”

In reality, numerous cases have been dismissed on the basis of PLCAA, even when gun dealers and manufacturers acted in a fashion that would qualify as negligent if it involved any other product, the new legislation’s authors said.

The Equal Access to Justice for Victims of Gun Violence Act allows civil cases to move forward against irresponsible firearm manufacturers, distributors, dealers and trade associations. Letting courts hear these cases would provide justice to victims while creating incentives for responsible business practices that would reduce injuries and deaths, Schiff said.