COALITION FOR GUN INDUSTRY ACCOUNTABILITY

Dear Members of 118th Congress:

We urge you to pass H.R.4184 and S.2048, The Equal Access to Justice for Victims of Gun Violence Act to repeal the Protection of Lawful Commerce in Arms Act (PLCAA) to ensure that the survivors of gun violence will be allowed to have their day in court and the gun manufacturers, sellers and interest groups are not shielded from liability when it acts with negligence and disregard for public safety.

In 2005, Congress passed PLCAA, which provides immunity in state and federal courts from civil liability for manufacturers, distributors, and dealers of firearms, as well as its trade associations, in most negligence and products liability actions. The gun industry enjoys this unique immunity from liability under well-established common law principles that apply to everyone else in society. As a result, gun makers and sellers do not act with safety of the public in mind. Under the current law, the gun industry cannot be sued by consumers who are harmed by their products, unlike virtually every other manufacturer of consumer products. It also allows gun sellers to turn a blind eye to straw purchasers or traffickers who may buy hundreds of weapons to transfer them to others with no background check whatsoever.

Numerous cases across the nation have been dismissed on the basis of PLCAA even when the gun industry actions would qualify as negligent if it involved any other product, and many additional cases have likely not been brought due to the chilling effect of PLCAA’s blanket immunity. PLCAA immunizes the gun industry that manufactures, distributes and sells lethal weapons from its fundamental duty to act responsibly in the interest of public safety and empowers the worst actors to act with impunity.

• Ten Sandy Hook families filed a lawsuit against the manufacturer and distributor of the AR-15 used to kill 20 children and six educators. The PLCAA law was used as a barrier in their pursuit of justice however the gun manufacturer’s insurers settled the lawsuit with the families when the lawsuit moved forward with the protections provided by the Connecticut Unfair Trade Practices Act (CUTPA) which prohibits unfair competition and unfair and deceptive acts.

• In another case of injustice, Sandy and Lonnie Phillips filed a lawsuit against Lucky Gunner, the online company that sold ammunition to the gunman who murdered their daughter Jessica, along with 11 others, in an Aurora movie theater shooting tragedy. The judge dismissed the case due to the PLCAA law and a Colorado immunity law. In addition, the judge ordered the Phillips to pay the $203,000 of defendant’s legal costs based on Colorado’s law HB 000-208.

It’s long past time to repeal PLCAA to allow civil cases to go forward against irresponsible actors in state and federal courts, 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 and the Equal Access to Justice for Victims of Gun Violence Act would promote responsible business practices that would reduce gun deaths and injuries.

Sincerely,

Coalition for Gun Industry Accountability and Newtown Action Alliance Supporters

AAPI New Jersey

AAPI Victory Alliance

Action Ridge

Activate America

Adorers of the Blood of Christ US Region JPIC Office

Advocates For Change

American Federation of Teachers

American Medical Women's Association

Amnesty International USA

Andy’s Fight

Asian American Christian Collaborative

Ban Assault Weapons NOW!

Bay Area Coalition

Brady

Brady Florida

Catholics Vote for Common Good

Ceasefire Oregon

CeaseFirePA

Center for American Progress

Change the Ref

Chicago Survivors Org.

Church Women United in New York State

Colorado Ceasefire Legislative Action

Commission on Social Action of Reform Judaism

Connecticut Violence Intervention and Prevention Inc

CT Against Gun Violence

Culver 878

Delaware Coalition Against Gun Violence

Enough of Gun Violence

Equality California

Faith Leaders for Ending Gun Violence

Falmouth Gun Safety Coalition

Francescos Foundation Incorporated

Franciscan Action Network

Gays Against Guns

GIFFORDS

Global Exchange

Grandmothers Against Gun Violence MA

Grandparents Uniting for Gun Safety

Gun Violence Prevention Center of Utah

Gun Violence Prevention PAC

GunControlToday

Guns Down America

GVPedia, Inc.

Holy Spirit Missionary Sisters, USA-JPIC

Hometown Advocacy

Indivisible Marin

Indivisible Northern Nevada

Japanese American Citizens League (JACL)

Jewish Gun Violence Prevention Roundtable

Jewish Women International

Joint Action Committee

Journey4ward

Jr Newtown Action Alliance

Justice4Ellis

Lives Robbed

March for Our Lives

Marylanders to Prevent Gun Violence

Massachusetts Coalition to Prevent Gun Violence

MomsRising

Monmouth Center For World Religions and Ethical Thought

NACCE

National Council of Asian Pacific Americans (NCAPA)

National Council of Jewish Women

National Council of Jewish Women, Essex County NJ

Nationla Council of Jewish Women, Maryland State Policy Advocacy Network

NCJW CNS

Newtown Action Alliance

No Future Without Today

North American Climate, Conservation and Environment(NACCE)

Nuns Against Gun Violence

OnCall4Kids

One Aim Illinois

Orange Ribbons For Gun Safety

Oregon Alliance for Gun Safety

Oregonizers

Pamlico Progressives

Pax Christi USA

People for a Safer Society

People Power United

Physicians for the Prevention of Gun Violence

Prevent Gun Violence Florida

Remembering Darien Victims Foundation

Report the Ripple

Rocky Mountain Hye Advocates

Sacred Ground Ministries

Safer California PAC

Safer Country

San Diegans for Gun Violence Prevention

Secure Elections Network

Sisters of Mercy of the Americas Justice Team

Sisters of St. Francis of Philadelphia

Social Justice Committee, Congregation Beth Israel

St. Mark's Episcopal Capitol Hill

Survivors Empowered

Survivors Lead

Teachers Unify to End Gun Violence Action

The Campaign to Keep Guns Off Campus

The Ethan Miller Song Foundation

The Joint Action Committee

The United Methodist Church — General Board of Church and Society

TY(Tender Youth) Foundation

Upper West Side Action Group

Violent Crime Survivors

Vision Morton Grove

Vision Quilt

WAVE Educational Fund

Women Against Gun Violence