Letter - People Power United joins Gun Industry Accountability Coalition
🗽A well informed citizenry is the best defense against tyranny.
People Power United joined other local, state, and national groups to join the Gun Industry Accountability Coalition. Shout out to Newtown Action Alliance for leading these efforts.
Here is the letter sent on behalf of our People Power United to all members of Congress 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:
February 1, 2024
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 the 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 the 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,
Everyone deserves to vote and thrive,
Laurie Woodward Garcia (paid with hugs and kisses, not bought by special interests)
People Power United | In this community, we will always speak out against racism, xenophobia, Islamophobia, antisemitism, homophobia, misogyny, sexism, ageism, ableism, sizeism, elitism, transphobia, misogynoir, and bigotry! Check out our 2023 recap post to see how impactful our scrappy People Power United group is!
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