June 09, 2025

Duckworth, Durbin Help Introduce Bicameral Bill to Repeal the Gun Industry’s Legal Liability Shield

Legislation would give victims of gun violence their day in court & enable them to hold manufacturers accountable for negligence

 

[WASHINGTON, D.C.] – During Gun Violence Awareness Month, U.S. Senator Tammy Duckworth (D-IL) and U.S. Senate Democratic Whip Dick Durbin (D-IL) joined U.S. Senators Richard Blumenthal (D-CT), Adam Schiff (D-CA) and Chris Murphy (D-CT) and U.S. Representatives Eric Swalwell (D-CA), Jason Crow (D-CO), Dwight Evans (D-PA) and Mike Thompson (D-CA) and more than 80 Members of Congress in introducing the bicameral Equal Access to Justice for Victims of Gun Violence Act, legislation to ensure that victims of gun violence have their day in court and that negligent gun companies and gun sellers are not shielded from liability when they disregard public safety. The bill would repeal the Protection of Lawful Commerce in Arms Act (PLCAA), passed by Congress in 2005, which gives the gun industry a unique and unjustifiable legal liability shield that protects gun manufacturers from lawsuits. 

“The needless gun violence that too many Illinoisans—and Americans across the country—experience is heartbreaking and not reflective of the kind of future my daughters or any of our young people deserve,” Duckworth said. “That’s why I’m proud to join my colleagues in introducing the Equal Access to Justice for Victims of Gun Violence Act, that will hold gun manufacturers accountable and bring justice to grieving families. I’ll never stop working for commonsense gun safety reforms.”

“It’s unconscionable that the gun industry is shielded from the consequences of negligent behavior that would result in liability if this were any other product,” said Durbin. “Gun dealers and manufacturers do not deserve special treatment, and certainly not at the expense of the communities that are plagued by gun violence. By repealing this unjustifiable legal liability shield, this bill will allow victims of gun violence to seek justice and have their day in court.”

When Congress passed PLCAA, its supporters argued that it was necessary to protect the gun industry from frivolous lawsuits, and that victims of gun violence would not be shut out of the courts. In reality, numerous cases around the nation have been dismissed on the basis of PLCAA, even when the gun dealers and manufacturers acted in a fashion that would qualify as negligent if it involved any other product. Victims in these cases were denied the right to even discover or introduce evidence. This legislation allows civil cases to go forward against irresponsible bad actors.

In 2005, the National Rifle Association (NRA) identified PLCAA as their “number one” legislative priority, and the NRA celebrated the passage calling it the “most significant piece of pro-gun legislation in twenty years.” Letting courts hear these cases would provide justice to victims and their families, while creating incentives for responsible business practices that would reduce injuries and deaths. Effectively, the gun industry would once again be subject to the same laws as every other industry, just as it was prior to 2005.

The legislation is endorsed by Brady, GIFFORDS Law Center, Everytown for Gun Safety, March for Our Lives, Guns Down America, Newtown Action Alliance and Sandy Hook Promise Action Fund.

In addition to Duckworth and Durbin, the legislation is also co-sponsored by Senate Democratic Leader Chuck Schumer (D-NY) and U.S. Senators Tammy Baldwin (D-WI), Cory Booker (D-NJ), Chris Coons (D-DE), John Fetterman (D-PA), Kirsten Gillibrand (D-NY), John Hickenlooper (D-CO), Mazie K. Hirono (D-HI), Tim Kaine (D-VA), Edward J. Markey (D-MA), Jeff Merkley (D-OR), Patty Murray (D-WA), Alex Padilla (D-CA), Jack Reed (D-RI), Bernie Sanders (I-VT), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Peter Welch (D-CT), Sheldon Whitehouse (D-RI) and Ron Wyden (D-OR).

The bill is also cosponsored by U.S. Representatives Gabe Amo (D-RI-01), Jake Auchincloss (D-MA-04), Wesley Bell (D-MO-01), Don Beyer (D-VA-08), Suzanne Bonamici (D-OR-01), Shontel Brown (D-OH-11), Julia Brownley (D-CA-26), Salud Carbajal (D-CA-24), Sean Casten (D-IL-06), Judy Chu (D-CA-28), Emanuel Cleaver (D-MO-05), Danny Davis (D-IL-07), Madeleine Dean (D-PA-04), Rosa DeLauro (D-CT-03), Suzan DelBene (D-WA-01), Chris Deluzio (D-PA-17), Mark DeSaulnier (D-CA-10), Maxine Dexter (D-OR-03), Lizzie Fletcher (D-TX-07), Maxwell Frost (D-FL-10), John Garamendi (D-CA-08), Daniel Goldman (D-NY-10), Jimmy Gomez (D-CA-34), Sara Jacobs (D-CA-51), Pramila Jayapal (D-WA-07), Hank Johnson (D-GA-04), Robin Kelly (D-IL-02), Timothy Kennedy (D-NY-26), Raja Krishnamoorthi (D-IL-08), Stephen Lynch (D-MA-08), Seth Magaziner (D-RI-02), Betty McCollum (D-MN-04), LaMonica McIver (D-NJ-10), Joe Morelle (D-NY-25), Kelly Morrison (D-MN-03), Seth Moulton (D-MA-06), Joe Neguse (D-CO-02), Eleanor Holmes Norton (D-DC-District At Large), Ilhan Omar (D-MN-05), Jimmy Panetta (D-CA-19), Scott Peters (D-CA-50), Chellie Pingree (D-ME-01), Mike Quigley (D-IL-05), Jamie Raskin (D-MD-08), Andrea Salinas (D-OR-06), Mary Gay Scanlon (D-PA-05), Jan Schakowsky (D-IL-09), Brad Schneider (D-IL-10), David Scott (D-GA-13), Lateefah Simon (D-CA-12), Dina Titus (D-NV-01), Rashida Tlaib (D-MI-12) and Jill Tokuda (D-HI-02).

Full text of the bill is available on Senator Duckworth’s website.

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