Protection of Lawful Commerce in Arms Act
Other short titles | Child Safety Lock Act of 2005 |
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Long title | An Act to prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their products by others. |
Acronyms (colloquial) | PLCAA |
Nicknames | Protection of Lawful Commerce in Arms Act of 2005 |
Enacted by | the 109th United States Congress |
Effective | October 26, 2005 |
Citations | |
Public law | 109-92 |
Statutes at Large | 119 Stat. 2095 |
Codification | |
Titles amended | |
U.S.C. sections created | 15 U.S.C. ch. 105 §§ 7901, 7902, 7903 |
U.S.C. sections amended | 18 U.S.C. ch. 44 §§ 921, 922, 924 |
Legislative history | |
|
The Protection of Lawful Commerce in Arms Act (PLCAA) is a U.S law, passed in 2005, that protects
The PLCAA is codified at 15 U.S.C. §§ 7901–7903.
Background
In the years before passage of the act, victims of firearms violence in the United States had successfully sued manufacturers and dealers for negligence on the grounds that they should have foreseen that their products would be diverted to criminal use.[1]
In 1998,
In 2000,
HUD Secretary Andrew Cuomo was quoted as saying that gun manufacturers that did not comply would suffer "death by a thousand cuts", and Eliot Spitzer said that those who didn't cooperate would have bankruptcy lawyers "knocking at your door".[7]
In January 2005, New York City passed a law allowing lawsuits against gun manufacturers and dealers that did not voluntarily implement certain gun control measures.[8]
As of 2020, at least six courts at the federal, state and appellate levels had upheld the law's constitutionality, although an appeals court in Pennsylvania found it in violation in 2020.[9] Remington Arms paid a $73 million settled with Sandy Hook plaintiffs in 2021 regarding its alleged violations of state law (specifically Connecticut's Unfair Trade Practices Act). Although PLCAA protections had been raised by the manufacturer in Sandy Hook negotiations prior to the settlement, a similar but entirely separate case had been declined by the U.S. Supreme Court in 2019 (Remington Arms Co. v. Soto).[10][11]
Legislative history
The act was introduced in the midst of a large number of lawsuits filed by anti-gun advocates and city governments claiming that gun manufacturers were creating a "public nuisance" by selling guns.[12][13]
The act was passed by the
The final bill passed only after adding an amendment that mandated safety locks on
It was signed into law on October 26, 2005, by President George W. Bush and became Public Law 109–92.[16] Wayne LaPierre of the National Rifle Association thanked President Bush for signing the Act, for which it had lobbied, describing it as "... the most significant piece of pro-gun legislation in twenty years into law".[17][18][19]
Lawsuits
As of October 2020[update], seven lawsuits have challenged the constitutionality of the law under the 5th and 10th Amendments, and resulted in both state and federal appellate court decisions; all of these have found the PLCAA constitutional, except for Gustafson v. Springfield Armory and National Shooting Sports Foundation Inc. v. James (see below).[20]
Constitutionality
Gustafson v. Springfield Armory | |
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Court | tort law in violation of Tenth Amendment and application to suit by appellants is beyond scope of Commerce Clause as they did not own the handgun involved in their son's accidental death. |
Decision by | Kunselman |
Keywords | |
Several suits have challenged the constitutionality of the PLCAA. Ileto and District of Columbia v.
Gustafson v. Springfield Armory
In 2020's Gustafson v.
Judge Deborah Kunselman initially dismissed most of the plaintiffs' arguments, finding their action met the definition of "qualified civil liability" that the law required state and federal courts to immediately dismiss. She did not find in the legislative history of the PLCAA an indication that Congress did not intend to bar suits such as the Gustafsons, and that it explicitly required that in cases such as theirs, the shooter's conviction for
Kunselman was thus more receptive to the Gustafsons' attack on the PLCAA's constitutionality, that "Congress usurped the States' police powers embodied in the common law and the allocation of lawmaking authority between the branches of state government" in passing it, since she read the PLCAA to effectively bar any tort claim not also associated with a statutory claim, an argument she chastised the defendants for failing to answer, instead relying purely on the Supremacy Clause. The trial court had concluded that the statute was a legitimate regulation of interstate commerce on the basis of its title; Kunselman rejected this as facile, "excessive deference grant[ing] Congress license to interpret the Constitution." She rejected the Second Circuit's finding in New York City's lawsuit that the PLCAA was within Congress's authority simply because the firearms industry was unquestionably interstate commerce.[24]
"Whether a law regulates an industry engaged in interstate or foreign commerce is not one of the three categories of Congressional authority under the Commerce Clause", Kunselman wrote. "Whether a law regulates private activity that substantially affects interstate commerce is"; in the instant case she found that the Gustafsons had not participated in interstate commerce since they did not own the gun. Kumselman cited two Supreme Court decisions to this effect:
The Superior Court announced it would review the decision en banc.[25]
National Shooting Sports Foundation Inc. v. James
In July 2021, New York passed a law, Gen Bus L § 898-B (2021), which allowed the state to sue firearm manufacturers and suppliers if, by their business activities, they created or contributed to a health or safety threat to the public.[26] This was predicated on the argument that the PLCAA was an overreach by US Congress which infringed on states' rights.[27] Commentary was mixed as passage of the law could be "fairly characterized as an attempt to subvert the will of Congress", though the PLCAA's wording was clear that it made exceptions for lawsuits in which the manufacturer or seller knowingly violated State or Federal laws, which would include this new public nuisance law.[28] Glock, Smith & Wesson, and other manufacturers brought a lawsuit in federal court against NY Attorney General Letitia James, challenging the law's legality. In the case, National Shooting Sports Foundation Inc. v. James, the manufacturers argued that the law was preempted by the PLCAA, violated the dormant Commerce Clause, and was vague. On May 25, 2022, Judge Mae D'Agostino ruled in favor of James and dismissed the lawsuit. The ruling upheld the law allowing such lawsuits since "Congress clearly intended to allow state statutes which regulate the firearms industry" which would include taking action against improper sales or marketing.[29][27][30]
Related lawsuits
Since the law's passage, there have been two cases taken to a jury trial for damages. In the first, a jury found in favor of a gun store in Alaska after a gun purchased by
In 2010, the Supreme Court declined to hear an appeal in Ileto v. Glock, ending a lawsuit against Glock by the family of victims in the Los Angeles Jewish Community Center shooting.[32]
The
In 2016, a Missouri gun store settled for $2.2 million, for selling a gun to a schizophrenic woman who later killed her father, after the
In October 2016, a Connecticut Superior Court judge dismissed a lawsuit filed by the families of some victims of the 2012 Sandy Hook Elementary School shooting against the manufacturer (Remington), the wholesale distributor, and the retailer of the semi-automatic rifle used in the shooting. Judge Barbara Bellis ruled that the suit "falls squarely within the broad immunity" provided to gun manufacturers and dealers by the Protection of Lawful Commerce in Arms Act.[38] The case was subsequently moved to federal court before being referred back to Connecticut state court. In March 2019, the Connecticut Supreme Court reversed the lower court's ruling, allowing plaintiffs to continue their suit against Remington as it ruled that the federal government did not intend to protect firearms companies from "truly unethical and irresponsible marketing practices promoting criminal conduct" which is addressed by the Connecticut Unfair Trade Practices Act (CUTPA).[39][40] The US Supreme Court declined to intervene in ongoing litigation that had not been decided.[41][42] In March 2022, the families of nine victims of the shooting announced they had reached a US$73 million settlement with the now defunct Remington. As part of that settlement, Remington allowed their release of internal documents concerning their marketing, though it has not been stated when this release will occur.[43]
A lawsuit by victims of the Sutherland Springs shooting against the gun shop that sold the gun has been allowed to proceed because the shooter used a Colorado driver's license as identification to purchase the gun, which has a 30-round magazine as standard. In sales of firearms to the resident of another state, the sale must comply with the laws of both the seller's and the purchaser's states. Colorado law prohibits the sale of magazines capable of holding more than 15 rounds.[44]
Other industries with liability exemptions
Vaccine manufacturers are exempted from civil liability related to adverse vaccine-caused events by the National Childhood Vaccine Injury Act.[45][46][47] Internet service providers are exempted from defamation and copyright infringement suits by Section 230.[46] Airline companies were exempted from liability suits connected to the September 11, 2001 terrorist attacks.[45]
Renewed interest
After the 2012
2016 election
During the
Bernie Sanders, who as a congressman voted for the law in 2005, defended the law in October 2015, saying: "If somebody has a gun and it falls into the hands of a murderer and the murderer kills somebody with a gun, do you hold the gun manufacturer responsible? Not any more than you would hold a hammer company responsible if somebody beats somebody over the head with a hammer."[52][53] He changed his position somewhat in January 2016, saying that he would favor a partial repeal of the law.[54]
2020 election
In 2020, Bernie Sanders was again criticized for voting in favor of the law, especially by Joe Biden.[55]
Criticism
According to the Center for American Progress — an organization known for representing progressive viewpoints — the PLCAA prevents "victims of gun violence from pursuing well-established legal claims against irresponsible gun manufacturers and sellers—without presenting an alternative means for the victims to be compensated."[56] Exceptions within the law that allow lawsuits to go forward fall under "negligent entrustment" and "predicate exception" actions, which target negligent retailers or manufacturers who violated local statutes applicable to the sale of firearms, but these cases are difficult to prove and rarely clear the PLCAA threshold in court.[57][58]
A 2007 report in the American Journal of Public Health states that the PLCAA is potentially dangerous to the public health because it removes both regulation and litigation as incentives for firearm companies to make their products safer.[59]
This viewpoint is contended by certain circles, including the libertarian think tank
However, there is disagreement among lower Federal courts about whether or not the second amendment extends to firearm manufacturers and sellers. According to the Harvard Law Review,[61]
The leading exponent of this theory was the Fourth Circuit panel in United States v. Chafin, which stated there is nothing "that remotely suggests that, at the time of its ratification, the Second Amendment was understood to protect an individual's right to sell a firearm." The Chafin holding is not binding precedent, since the decision was unpublished. Nevertheless, a federal district court in West Virginia adopted and followed Chafin's rule. Likewise, in Montana Shooting Sports Association v. Holder, a federal district court stated (albeit in dicta), "Heller said nothing about extending Second Amendment protection to firearm manufacturers or dealers. If anything, Heller recognized that firearms manufacturers and dealers are properly subject to regulation . . . ."
Additionally, in October 2020 a subpoena was issued by New Jersey Attorney General Gurbir Grewal to seek evidence of fraudulent advertising by Smith & Wesson, thereby falling under violation of consumer protection and public safety laws. A lawsuit filed against the New Jersey AG office by Smith & Wesson was summarily rejected by the Federal Judge, saying that the gun manufacturer's constitutional rights were not at all violated. According to Professor Timothy Lytton of Georgia State University College of Law, ""We've seen that this kind of phenomenon of trying to regulate industry through litigation occurs, both through private efforts of individual plaintiffs victims who bring civil lawsuits on their own behalf, and once those lawsuits generally get off the ground, we often see public officials come into the picture."[62]
See also
Notes
- ^ Dissenting judge Robert Katzmann argued that the court could and should have avoided the constitutional claims, and merely certified the city's state-law claim to the New York Court of Appeals, the state's highest court.[23]
References
- ^ a b Munoz, S. Why Isn't The Media Discussing The Unprecedented Law Giving Gun Makers And Dealers Immunity? Media Matters, December 19, 2012.
- ^ "Chicago Sues Gun-makers And Retailers The Lawsuit Says Firearms Create A Deadly Public Nuisance. It Follows A Recent Filing By New Orleans". philly-archives. Archived from the original on 2015-12-22.
- ^ Fred Musante, After Tobacco, Handgun Lawsuits, The New York Times (January 31, 1999).
- ^ "Clinton Administration Reaches Historic Agreement with Smith & Wesson". nara.gov. Archived from the original on 2001-07-24. Retrieved 2015-10-16.
- ^ "HUD Archives: Agreement Between Smith && Wesson and the Departments of the Treasury and Housing and Urban Development, Local Governments and States". Department of Housing and Urban Development.
- ^ "A Smith & Wesson FAQ". Reason.com. June 2000.
- ISBN 978-0-312-33119-1.
- ^ "Gotham Gazette". Archived from the original on 2015-12-22.
- ^ "Federal gun liability shield law is unconstitutional - Pa. Appeals court". Reuters. 29 September 2020.
- ^ "The Sandy Hook Settlement with Remington and the Road Ahead on Gun Violence". The New Yorker. 19 February 2022.
- ^ "Remington Arms Co. V. Soto".
- ^ YeHeLee, Michelle (2015-07-10). "Bernie Sanders's misleading characterization of a controversial gun law". The Washington Post.
Congress passed the Protection of Lawful Commerce in Arms Act in 2005 after a wave of lawsuits filed against gun manufacturers by municipalities and gun-control advocates.
- ^ Hamburger, Tom; Wallsten, Peter; Horwitz, Sari (2013-01-31). "NRA-backed federal limits on gun lawsuits frustrate victims, their attorneys". The Washington Post.
It was introduced amid a wave of lawsuits brought by city governments, which argued that gun companies had created a "public nuisance" by encouraging the proliferation of weapons. Advocates for gun makers said such suits threatened to destroy the industry and imperil Americans' constitutional right to bear arms.
- ^ "Roll Call Vote - 109th Congress, Vote 209", U.S. Senate. Retrieved March 7, 2016.
- ^ "Final Vote Results for Roll Call 534", Office of the Clerk, U.S. House of Representatives. Retrieved March 7, 2016.
- ^ Peters, Gerhard; Woolley, John T. "George W. Bush: "Statement on House of Representatives Passage of Protection of Lawful Commerce in Arms Legislation", October 20, 2005". The American Presidency Project. University of California - Santa Barbara.
- ^ NRA. President Bush signs Protection of Lawful Commerce in Arms Act.
- ^ "Democrats are pushing back against gun dealers". Newsweek. 2016-01-27. Retrieved 2021-01-17.
- ^ "Hillary Clinton takes aim at gun makers' best legal defense". Fortune. Retrieved 2021-01-17.
- ^ a b Frankel, Alison (September 29, 2020). "Federal gun liability shield law is unconstitutional - Pa. appeals court". Reuters. Archived from the original on 30 September 2020. Retrieved December 10, 2020.
- ^ District of Columbia v. Beretta U.S.A. et al, 940 A.2d 163 (D.C. 2008).
- ^ City of New York v. Beretta USA Corp. et al, 524 F.3d 384 (2nd Cir. 2008).
- ^ City of New York v. Beretta USA Corp. et al, 524 F.3d 384, 404 (2nd Cir. 2008).
- ^ a b c d Gustafson v. Springfield Armory et al, 2020 PA Super 239 (Superior Court of Pennsylvania 2020).
- Law.com. Archived from the originalon 4 December 2020. Retrieved December 9, 2020.
- ^ Clukey, Keshia (6 July 2021). Carmen Castro-Pagán (ed.). "New York Enacts First-in-U.S. Law to Limit Gun-Liability Shield". Bloomberg Law. Archived from the original on 5 June 2022. Retrieved 5 June 2022.
- ^ a b Office of the Attorney General of New York (25 May 2022). "Attorney General James Successfully Defends New York's Right to Hold Gun Manufacturers Responsible for Gun Violence". New York State Attorney General. Archived from the original on 25 May 2022. Retrieved 5 June 2022.
- ^ Lytton, Timothy D. (26 July 2021). "An End Run Around the Gun Industry Liability Shield". The Regulatory Review. Archived from the original on 25 November 2021. Retrieved 5 June 2022.
- ^ Larson, Erik (25 May 2022). "Gun Makers Lose Challenge to New York Law Allowing Suits Over Violence". Bloomberg Law. Archived from the original on 26 May 2022. Retrieved 5 June 2022 – via Yahoo News.
- ^ National Shooting Sports Foundation Inc. v. James, 3 (N.D.N.Y. 2022), Text.
- ^ Diedrich, John Publisher=Milwaukee Journal Sentinel (30 September 2015). "As long-awaited trial opens, officers' attorney faults gun store sale". Archived from the original on 19 May 2017. Retrieved 5 June 2022.
- ^ "NRA-ILA - U.S. Supreme Court Refuses to Hear Appeal in Ileto v. Glock". NRA-ILA. 24 May 2010. Archived from the original on 7 March 2021.
- ^ Gutowski, Stephen (29 June 2015). "Judge orders Brady Center to pay ammo dealer's legal fees after dismissing lawsuit". Washington Free Beacon. Archived from the original on 14 July 2015 – via Fox News.
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- Mo.2016).
- ^ Gorman, Michelle (2016-11-22). "A Missouri gun shop agrees to pay $2.2 million to settle wrongful-death lawsuit". Newsweek. Archived from the original on 24 February 2021. Retrieved 2021-01-17.
- ^ Delana, at 320
- ^ Altimari, Dave; Kauffman, Matthew (October 14, 2016). "Sandy Hook Parents' Lawsuit Against Gun Maker Dismissed; Appeal Promised". Hartford Courant. Archived from the original on 10 July 2021. Retrieved October 14, 2016.
- ^ Chappell, Bill (November 12, 2019). "Supreme Court Allows Sandy Hook Families' Case Against Remington Arms To Proceed". NPR. Archived from the original on November 21, 2019. Retrieved November 30, 2019.
- ISSN 0099-9660. Archived from the originalon 16 May 2022. Retrieved 2019-03-22.
- ^ Shermans, Mark; Collins, Dave (2019-11-12). "Supreme Court lets Sandy Hook shooting lawsuit go forward". AP NEWS. Archived from the original on 26 October 2021. Retrieved 2019-11-16.
- ^ "Docket for 19-168". www.supremecourt.gov. Retrieved 2019-11-16.
- ^ Collins, Dave; Susan Haigh (15 February 2022). "Sandy Hook families agree to settlement with gun maker". AP News. Archived from the original on 15 February 2022. Retrieved 5 June 2022.
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- ^ San Jose Mercury News.
But Oliva said that ... Congress has granted airlines and vaccine manufacturers similar protections. ... CNN noted noted that vaccine manufacturers cannot be held liable in a civil suit for damages from a vaccine-related injury or death. And the Washington Post reported that Congress shielded airlines from liability for the Sept. 11, 2001, terrorist attacks.
- ^ a b YeHeLee, Michelle (2015-07-10). "Bernie Sanders's misleading characterization of a controversial gun law". The Washington Post.
The liability exemption sets firearms apart from nearly every other industry. A handful of products have been granted limited immunity. Vaccine makers, for instance, have certain protections against suits from injured patients. Internet service providers are shielded from many suits over defamation or copyright infringement.
- ^ Lybrand, Holmes; Subramaniam, Tara; Dale, Daniel (2021-04-09). "Fact-checking Biden's speech announcing new executive actions on gun control". CNN.
Biden claimed that "the only industry in America – a billion-dollar industry – that can't be sued – has exempt from being sued – are gun manufacturers." Facts First: This is false. Gun manufacturers are not entirely exempt from being sued, nor are they only industry with some liability protections. ... Other industries also have some exemptions in liability. For example, vaccine manufacturers cannot be held liable in a civil suit for damages from a vaccine-related injury or death. And for the next four years, pharmaceutical companies developing the Covid-19 vaccines will have immunity from liability under the 2005 Public Readiness and Emergency Preparedness Act.
- ^ Bissell, H.J. Rolling Back Legal Immunity for the Gun Industry. Daily Kos, Jan 14, 2013.
- ^ Miller, Matt (June 15, 2015). "Jury says Rayco Sales wasn't liable for Simone Kim's murder". KTOO.
- ^ Alba, Monica (October 4, 2015). "Hillary Clinton Unveils Plan for Major New Gun Restrictions". NBC News. Retrieved March 10, 2016.
- ^ a b Carroll, Lauren (October 16, 2015). "Clinton: Gun industry Is 'Wholly Protected' from All Lawsuits", PolitiFact. Retrieved March 10, 2016.
- ^ Stern, Mark Joseph (October 13, 2015). "Bernie Sanders' Defense of His Pro-Gun, Pro-NRA Votes Was Absolutely Terrible". Slate. Retrieved March 10, 2016.
- ^ Lidgett, Adam (October 14, 2015). "Protection Of Lawful Commerce In Arms Act: The Controversial Gun Law Bernie Sanders Voted For Has Kept Families From Winning Lawsuits". International Business Times. Retrieved March 10, 2016.
- ^ Zorn, Eric (January 20, 2016). "Bernie Sanders Misfires on Gun Law Repeal", Chicago Tribune. Retrieved March 10, 2016.
- ^ Price, Michelle; Peoples, Steve (16 February 2020). "Biden In Vegas Takes On Sanders' Gun Votes In Fiery Speech". Patch. Retrieved 20 February 2020.
- ^ "Immunizing the Gun Industry. The Harmful Effect of the Protection of Lawful Commerce in Arms Act" (PDF). Center for American Progress. January 15, 2016. Retrieved November 17, 2016.
- ^ Mascia, Jennifer (April 7, 2016). "Lawsuits Against Gun Sellers Almost Never Make it to Trial. This One Will". The Trace. Retrieved November 17, 2016.
- ^ Chu, Vivian S. (December 20, 2012). "The Protection of Lawful Commerce in Arms Act: An Overview of Limiting Tort Liability of Gun Manufacturers" (PDF). Federation of American Scientists. Retrieved November 17, 2016.
- PMID 17901450.
The PLCAA not only prevents most people from receiving compensation for their firearm-related injuries, it erodes litigation's ability to serve its public health role of providing manufacturers with a financial incentive to make their products safer. ... The absence of both litigation and product safety rules for firearms is a potentially dangerous combination for the public's health.
- ^ Burrus, Trevor (September 11, 2019). "Protecting Gun Manufacturers from Frivolous Lawsuits". Retrieved March 2, 2020.
- ^ Kopel, David B. (April 11, 2014). "Does the Second Amendment Protect Firearms Commerce?". Retrieved October 31, 2021.
- ^ Jackson, Daniel (August 3, 2021). "Federal judge dismisses gunmaker's suit over New Jersey AG's subpoena". Retrieved October 31, 2021.