Like Countable?

Install the App
TRY NOW

house Bill H.R. 3984

Should it be Easier to Sue Gun Manufacturers and Distributors When People Misuse Guns?

Argument in favor

Existing legal protections for the firearm industry mainly benefit the worst behaving companies. Removing that immunity would encourage them to take steps to prevent guns from being sold and used in crimes.

IamAdlr's Opinion
···
10/20/2017
If people can sue McDonalds because coffee is too hot they should be able to sue gun manufacturers for selling a gun to someone who was too dangerous to have it. With a lot of money and profit should come a lot of responsibility.
Like (221)
Follow
Share
Marina's Opinion
···
10/20/2017
Absolutely, gun manufacturers need to lose the special status they enjoy now. It should also be easier to do public health research involving guns
Like (88)
Follow
Share
Erik's Opinion
···
10/20/2017
There’s got to be some accountability for producing weapons for public use. Weapons that go above and beyond simple personal protection. We can’t have war-like grade weaponry in the hands of everyday people.
Like (51)
Follow
Share

Argument opposed

Businesses in the gun industry that responsibly make, distribute, or sell properly functioning firearms shouldn’t be held responsible for individuals choosing to criminally misuse a gun that they’re purchased.

TuckerWantsLiberty's Opinion
···
10/20/2017
No. Stop feeding our lawsuit-happy culture. The manufacturer, distributor, and seller aren't responsible or liable for someone else's evil. That's ridiculous. By the same logic, the pressure cooker company isn't responsible for the Boston bombing, the auto company isn't responsible for the Nice driver, and the airlines aren't responsible for 9/11. By the same logic, McDonald's isn't responsible for the obesity epidemic, your doctor and hospital aren't responsible for your grandfather's cancer, Facebook isn't responsible for your inferiority complex, and the US dollar isn't responsible for greed. Stop encouraging the precedent that being in the vicinity of something means complicity. I get the emotional, visceral reaction after a tragedy of wanting everyone involved to pay, to face justice, to be held accountable, but this isn't applying justice justly or rationally. Of course they're not responsible! An evil deed begins and ends with the perpetrator.
Like (459)
Follow
Share
AmericanPride's Opinion
···
10/20/2017
I suppose we can pass this bill only if we sue car manufacturers for every car wrecks, drug companies for overdoses, contractors for house fires, and publishing companies for paper cuts. This is beyond unreasonable and unfair. It strikes me hilarious it would even be proposed.
Like (176)
Follow
Share
Jacob's Opinion
···
10/20/2017
If manufacturers of firearms can be sued because their product was misused, then it would only make sense that any manufacturer of any product should get sued for misuse of the product. Legislators should get sued when they vote on legislation that benefits lobbyists or their own political aspirations, rather than their constituents.
Like (108)
Follow
Share

bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Constitution, Civil Rights, and Civil Liberties
      Committee on the Judiciary
    IntroducedOctober 5th, 2017

What is House Bill H.R. 3984?

This bill would repeal portions of the Protection of Lawful Commerce in Arms Act (PLCAA) that provide manufacturers, distributors, and dealers of firearms, as well as their trade associations, with immunity from civil liability in negligence and product liability suits. Repealing those protections from civil liability would allow businesses connected with the firearm industry to be sued by the victims of gun violence.

The Firearm Trace System database that is maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) could be subpoenaed or otherwise used as evidence during legal proceedings in civil actions, federal court, or administrative proceedings.

Impact

Gun buyers, sellers, distributors, and manufacturers; victims of gun violence; civil and federal courts, as well as administrative hearings.

Cost of House Bill H.R. 3984

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Rep. Adam Schiff (D-CA) introduced this legislation to ensure that negligent gun companies can be held accountable for their actions:

“Good gun companies don’t need special immunity from the law, and bad gun companies certainly don’t deserve it. Other industries across our country like automotive manufacturers, pharmaceutical firms and even cigarette companies don’t enjoy special protection under the law, and there is no reason to give the gun industry the right to act negligently. As part of our larger effort to stop gun violence in the country, everyone — including gun companies — should be held accountable for their actions.”

This bill currently has 28 cosponsors in the House, all of whom are Democrats.


Of Note: Adam Winkler, a professor of law at UCLA, noted to NPR that under the PLCAA firearm companies aren’t completely immune from liability over product design flaws:

“The 2005 law does not prevent gun makers from being held liable for defects in their design. Like car makers, gun makers can be sued for selling a defective product. The problem is that gun violence victims often want to hold gun makers liable for the criminal misuse of a properly functioning product.”


Media:

Summary by Eric Revell
(Photo Credit: IndiaUniform / iStock)

AKA

Equal Access to Justice for Victims of Gun Violence Act

Official Title

To repeal the Protection of Lawful Commerce in Arms Act, and provide for the discoverability and admissibility of gun trace information in civil proceedings.

    If people can sue McDonalds because coffee is too hot they should be able to sue gun manufacturers for selling a gun to someone who was too dangerous to have it. With a lot of money and profit should come a lot of responsibility.
    Like (221)
    Follow
    Share
    No. Stop feeding our lawsuit-happy culture. The manufacturer, distributor, and seller aren't responsible or liable for someone else's evil. That's ridiculous. By the same logic, the pressure cooker company isn't responsible for the Boston bombing, the auto company isn't responsible for the Nice driver, and the airlines aren't responsible for 9/11. By the same logic, McDonald's isn't responsible for the obesity epidemic, your doctor and hospital aren't responsible for your grandfather's cancer, Facebook isn't responsible for your inferiority complex, and the US dollar isn't responsible for greed. Stop encouraging the precedent that being in the vicinity of something means complicity. I get the emotional, visceral reaction after a tragedy of wanting everyone involved to pay, to face justice, to be held accountable, but this isn't applying justice justly or rationally. Of course they're not responsible! An evil deed begins and ends with the perpetrator.
    Like (459)
    Follow
    Share
    I suppose we can pass this bill only if we sue car manufacturers for every car wrecks, drug companies for overdoses, contractors for house fires, and publishing companies for paper cuts. This is beyond unreasonable and unfair. It strikes me hilarious it would even be proposed.
    Like (176)
    Follow
    Share
    If manufacturers of firearms can be sued because their product was misused, then it would only make sense that any manufacturer of any product should get sued for misuse of the product. Legislators should get sued when they vote on legislation that benefits lobbyists or their own political aspirations, rather than their constituents.
    Like (108)
    Follow
    Share
    Absolutely, gun manufacturers need to lose the special status they enjoy now. It should also be easier to do public health research involving guns
    Like (88)
    Follow
    Share
    If this is passed then we might as well sue auto makers because loved ones die in auto accidents, grocery stores for us getting fat, and pencil makers for our kids getting poor grades.
    Like (75)
    Follow
    Share
    It’s not the gun manufacturers fault. It’s the person miss-using the gun. Let’s write some better legislation for that.
    Like (63)
    Follow
    Share
    Let me rephrase this: "Should we punish auto makers when people get into car accidents?" Or "Should we punish Tylenol when someone takes too many pills?" What a useless waste of time.
    Like (53)
    Follow
    Share
    There’s got to be some accountability for producing weapons for public use. Weapons that go above and beyond simple personal protection. We can’t have war-like grade weaponry in the hands of everyday people.
    Like (51)
    Follow
    Share
    Should someone be able to file a lawsuit against Fiat Chrysler because a Dodge Challenger was used in Charlottesville? How about a lawsuit against Coors because of a DUI?? Should we hold Toyota accountable for all their trucks in the hands of ISIS??? We need to start applying common sense and stop living in a world where the responsibility for our actions belong to someone else.
    Like (29)
    Follow
    Share
    That makes no sense whatsoever. Unless, that is, your goal is to wipe out an industry.
    Like (27)
    Follow
    Share
    We must vote no on this bill or the guns will feel entitled to victim-hood and seek compensation or a drivers license. For all these years, guns have been silence, but as the Democrats brought more attention to their plight, guns are no longer happy to remain quiet and wish to be heard. Progressives, by going after their maker of origin, are creating an entitlement class wishing to shoot off their voice repression. I urge voters to protect gun manufacturers. Guns are people too. I also urge gun owners who love their gun to marry them, creating a happier, safer environment.
    Like (24)
    Follow
    Share
    Are you kidding me? Re-read the title - “misuse” - we don’t sue our floor tile manufactures if a tile breaks because it was set wrong.
    Like (22)
    Follow
    Share
    It opens a wormhole of potential ridiculous lawsuits. Should we sue auto manufacturers for selling vehicles that are used in terror attacks or DWIs? Should we sue beer companies?
    Like (19)
    Follow
    Share
    No. It is people and only people who are the problem. Every time there is a automobile accident are we going to sue the auto industry?
    Like (19)
    Follow
    Share
    Free people are personally responsible for their own actions. Unless the firearm malfunctions the manufacturer should bear no liability.
    Like (17)
    Follow
    Share
    I’m pretty anti-gun, but people fire the gun. Unless the gun misfires or malfunctions, I don’t see how that becomes the gun manufacturer’s problem.
    Like (15)
    Follow
    Share
    Absolutely. No corporation or industry should be protected by individual laws that are only specific to them. This is special interests. It’s ok to sue McDonald’s because someone spilled hot coffee on themselves... It’s ok to sue chemical companies because someone inhaled their products to get high.... Its ok to sue tobacco companies for people getting sick..... Gun manufacturers and wholesalers should also be accountable for their contributions to harmful events...... when you make weapons and ammunition to kill, and someone uses them to kill, you have contributed to killing and have passively participated, especially if you do nothing to curtail the killing of innocent victims, and have profited from it.
    Like (14)
    Follow
    Share
    If passed the bill should include all objects, doesn’t make sense does it.
    Like (12)
    Follow
    Share
    No, definitely not. Nobody sues the car manufacturers when someone gets into an accident that THEY caused. Nobody sues grocery stores or restaurants if they chocked on their food. If I bought a gun and then I accidentally shot someone I am responsible for mishandling the use of the gun not the manufacturer. The only time the manufacturers should be sued for if product wasn’t working or broke down due to an error in the manufacturing process.
    Like (12)
    Follow
    Share
    MORE