Democrats are pushing for to enact The Equal Access to
Justice for Victims of Gun Violence Act (EAJVGV) which was introduced on 22
January 2013. The Act is sponsored by Representative Adam Schiff (D-CA) and
Senator Richard Blumenthal (D-CT). It will allow civil cases to go forward in
state and federal courts against irresponsible actors, just as they would if
they involved any other product. Letting courts hear these cases would provide
victims of gun violence their day in court. Additionally, the bill would
incentivize responsible business practices that would reduce gun injuries and
deaths.
If enacted, the Act will repeal the Protection of Lawful Commerce in
Arms Act (PLCAA) which provides immunity in both state and federal court
from civil liability for licensed manufacturers, distributors, and dealers of
firearms, as well as their trade associations, in most negligence and product
liability actions. Senator Larry Craig, the sponsor of PLCAA, stated during
debate on the Senate floor that “This bill will not prevent a single victim
from obtaining relief for wrongs done to them by anyone in the gun industry.” This
assurance has proven to be false. Numerous cases across the United States have
been dismissed on the basis of PLCAA even when the gun makers and sellers acted
in a fashion that would qualify as negligent if it involved any other product,
and many additional cases have likely not been brought because of the chilling
effect of PLCAA’s blanket immunity. PLCAA immunizes the gun industry from their
fundamental duty to act with reasonable care towards public safety, empowering
the worst actors to act with impunity.
Democrats say gun manufacturers and dealers that sell
firearms to criminals should be held accountable for mass shootings, but not
for selling guns in general. In an interview with The Hill, Rep. Adam Schiff
(D-Calif.) said, “If they (gun sellers/manufacturers) are no longer immune, they’ll
be more careful who they sell to.” The bill will scrap immunity gun
industry enjoys provided by the PLCAA for acting negligently.
The Act is highly unlikely to pass in the Republican-controlled
Congress. A bill must be passed by both the House and Senate in identical form
and then be signed by the President to become law.
Watch a debate on gun control.
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