Should it be Easier to Sue Gun Manufacturers and Distributors When People Misuse Guns? (H.R. 4399)

What is H.R. 4399?

(Updated September 24, 2021)

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.

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.

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.

Impact

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

Cost of H.R. 4399

A CBO cost estimate is unavailable.

Additional Info

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 42 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:

• Sponsoring Sen. Richard Blumenthal (D-CT) Press Release (Senate Companion)
• The Hill
• New York Times
• Brady Campaign (In Favor)
• Hot Air (Opposed)