Bill introduced to repeal law protecting gun industry from lawsuits

[GGJohn]

The bill introduced last week to repeal the Protection of Lawful Commerce in Arms Act has been fleshed out with text. The Equal Access to Justice for Victims of Gun Violence Act, or H.R. 4399, was introduced in the House on Feb. 1 by Rep. Adam Schiff (D-Cali.) to repeal the decade old law that shields gun makers and dealers from litigation if an individual uses their products to intentionally harm another person. “Good gun companies don’t need special immunity from the law, and bad gun companies certainly don’t deserve it,” Schiff said in a statement, and suggested the gun companies be regulated more intensely like car, drug and tobacco companies. “There is no reason to give the gun industry the right to act negligently,” he added.

According to the bill’s language, the measure would allow gun violence victims to seek civil remedies by bringing suits based on “statutes and common law theories of liability” in state and federal court PLCAA greatly limits the type of civil lawsuits that could be brought against gun companies, but it still permits lawsuits in civil cases that involve defective products, fraud, negligence, or violations of federal regulations. The law made headlines last year when a judge cited it in an order to dismiss a case against the retailers that sold products to the gunman responsible for killing 12 and injuring 70 in a movie theater in Aurora, Colorado, in July 2012.

Plaintiffs in the case argued the businesses should have had a stricter vetting policy before selling ammo, tear gas and body armor to the buyer, who had a documented history of mental illness. The order resulted in the plaintiffs, parents of one of the 12 killed, having to pay $200,000 of the defendants’ court costs. Also, the bill would allow plaintiffs to use information from the Firearms Trace System database as evidence to support a lawsuit. The system, maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives, contains information that shows how often a dealer sells guns that end up seized in crimes but, per federal law, is off limits to the public.

However, trace data that is available shows the number of crime guns recovered by authorities by state. The ATF updates that information annually. The bill has 39 co-sponsors, all Democrats, and has been assigned to the House Judiciary committee. Schiff originally introduced the bill in January 2013, but it died in Congress.

http://www.guns.com/2016/02/09/bill-introduced-repeal-law-that-shields-gun-industry-from-lawsuits/

Yeah, good luck with that.

188 Democrats in the House and he could only get 39 co-sponsors? And all are anti gun?

[Lurks Often]

1. It will die in committee, Schiff is just going through the motions and he knows it

[discntnt_irny_srcsm]

2. Eliminating the PLCAA (which won't happen)...

...would slowly bankrupt smaller dealers who did nothing wrong but can't afford the legal fees. This would give rise to larger and larger retailers operating gun shops possibly comparable to Walmart.

Larger organizations and chains tend to have lawyers on staff and on retainer. Since their allegiance is to their clients, it would not surprise me to see (hypothetically of course) that upon winning suits brought by victims and survivors of gun violence, counter suits alleging libel and/or slander. Making examples of people that threaten the bottom line.

[Eleanors38]

3. The only effect this bill has is to re-affirm the image of Democrats as anti-gun...

...and we know from dozens of fire engine red state legislatures how well that works.

[Waldorf]

4. I hope it fails in committee. People think they can't be sued. They can. Gun malfunctions from

design flaw, lawsuit. These folks just have one thing in common, to try and run them out of business thru frivolous lawsuits.

[DonP]

5. Another fund raising stunt?

Most of these "Big Ideas" for repealing legislation come from back benchers.

Then you get another e-mail; "Just send in $3/$5/$10 to help Representative Habaplap defeat the NRA and its evil minions and keep our children safe".

Never any follow up on how the bill proposal is actually doing, how many co-sponsors they get, or what happens when it dies in Committee 3 weeks later.

[ileus]

6. Only the hardcore banners would follow this down the drain.

[Duckhunter935]

7. wow 39

But you need 218, lol

[NiteOwl1]

8. Democrats haven't figure out this issue....

and Hillary is the worst.

Dems need to get off the gun control bandwagon altogether. This should be a local issue not a national issue.'

All that the Dems do by pushing ANY form of gun control is to push every rural state further to the red side. It aggravates me because guns are a non-negotiable issue for nearly ALL men in those states... and it is a BIG issue. I know... as I live in a blue state that turned red and all Dems do by talking gun control is make the state (and its delegates) more red.

So... if Dems want to assure that they help maintain a Republican House and Senate.... then just keep up the attack on guns.

[pablo_marmol]

9. "......and Hillary is the worst."

Yep. And the truly nauseating thing is that she's shrieking for the express purpose of pleasing our overlords -- who absolutely love to see us distracted from the most important issue before us.

[TeddyR]

10. I don't think the federal government

Will ever enact any meaningful gun control. Ever. We'll simply get laws that are window dressing that do nothing to impact gun violence but instead make it more difficult for law abiding gun owners to purchase a weapon and let politicians brag about heir D- rating from the NRA