Connecticut U.S. Senators Richard Blumenthal and Chris Murphy are backing legislation that would end the shielding of gun manufacturers and sellers from lawsuits by victims of gun violence.The Democrats’ legislation would repeal The Protection of Lawful Commerce in Arms Act which prohibits action against gun manufacturers and sellers for harm caused solely by unlawful misuse of a firearm if the product functioned as designed and intended. Senator Blumenthal says his legislation would only apply to gun makers and sellers acting negligently.
“We’re here to repeal a law that makes a mockery of American justice,” Blumenthal said. “It denies people their day in court.”
PLCAA was passed in 2005 and notably has gained fresh attention since the Democratic presidential hopefuls share different views on it. Senator Bernie Sanders has defended the law, while former Secretary of State Hillary Clinton says she would repeal it. Democratic Congressman Adam Schiff of California is sponsoring the House version of the Equal Access to Justice for Victims of Gun Violence Act.
“Few Americans have ever heard of the Protection of Lawful Commerce in Arms Act – surely one of the more Orwellian-sounding bills to come out of Congress” Schiff said. “Its passage in 2005 marked a victory for the NRA that they in themselves called ‘the most important for their organization in 20 years.’ The reason it was so important was that PLCAA gave the gun industry – manufacturers, sellers and even the NRA itself – an unprecedented and unique immunity from liability in state and federal courts.”
Schiff and fellow supporters say other industries are expected to meet a common standard of care while the gun industry enjoys special protection. Senator Murphy, who has made gun reform a key platform of his tenure, says PLCAA marked the pinnacle of the NRA’s control over Congress.
“When this law passed the United States Senate, its chief sponsor said this at the time, the record on the Senate floor records Senator Larry Craig as saying ‘This bill will not prevent a single victim from obtaining relief for wrongs done to them by anyone in the gun industry. This legislation will not bar the courthouse doors to victims who have been harmed by the negligence or misdeeds of anyone in the gun industry.’ That was a lie then and it is a lie today.”
Congressman Schiff says the immunity from action gives the gun industry no incentive to reform.
“They would do something about the fact that 5 percent of gun dealers sell 90 percent of the guns used in crimes,” Schiff said. “They would secure their supply lines so that huge numbers of guns aren’t diverted into the black market or into private sales where they change hands with no background checks. They would install simple safety devices that are proven to prevent accidental shootings.”
Schiff was asked about the timing of the press conference days before the Iowa caucuses considering Senator Sanders and former Secretary of State Clinton disagree on PLCAA. While there has been media coverage of the bill earlier this month, Schiff pointed out he introduced the legislation last session, saying the motivation is to repeal the current law. Schiff, Blumenthal and Murphy along with Maryland Democratic Congressman Chris Van Hollen, who joined the press conference, have endorsed Clinton.
The NRA did not respond to a request for comment in time for this broadcast. Schiff conceded the legislation faces a tough road with Republicans controlling Congress.
“I think it’s going to be very difficult with the current majorities in both houses,” Schiff said. “At the same time, it really will depend on the public and whether they insist on an end to the status quo.”
