Evans co-leads bill to restore basic right to victims of gun violence

WASHINGTON (June 6, 2025) – U.S. Rep. Dwight Evans (D-PA-03) is co-leading reintroduction of the Equal Access to Justice for Victims of Gun Violence Act, legislation to ensure that victims of gun violence would 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.

“As someone who’s advocated for this concept in Pennsylvania’s legislature and now in Congress, I’m proud to be a co-lead on this bill to restore this basic right of victims and survivors – a right that a heavy-handed federal government took away 20 years ago. So many American gun deaths could be avoided if we held companies accountable for things like illegal sales, defective guns and irresponsible marketing. State attorneys general were able to hold Big Tobacco accountable in the 1990s, and they should be able to hold gun manufacturing companies accountable in the 21st century since thousands of lives depend on it. This legislation would be an important tool in the toolbox to protect our citizens from gun violence,” Evans said.

Evans’ lead partners on the legislation are U.S. Sens. Richard Blumenthal (D-Conn.) Chris Murphy (D-Conn.) and were joined this week, the start of Gun Violence Awareness Month, by U.S. Sen. Adam Schiff (D-Calif.) and U.S. Reps. Eric Swalwell (D-Calif.), Jason Crow (D-Colo.), and Mike Thompson (D-Calif.) in leading a group of 81 members of Congress in introducing the bill in both the House and Senate.

Murphy, Blumenthal, Swalwell, Schiff, Evans, and Thompson announced the legislation during a virtual press conference joined by leading gun violence prevention advocates: Kris Brown, president of Brady; Angela Ferrell-Zabala, executive director of Moms Demand Action; and Adam Skaggs, chief counsel and vice president of GIFFORDS Law Center. Video of the press conference is available here.

Pennsylvania co-sponsors of the legislation include Sen. John Fetterman (D-PA), and U.S. Reps Madeleine Dean (D-PA-04), Chris Deluzio (D-PA-17), and Mary Gay Scanlon (D-PA-05).

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 would allow civil cases to go forward against irresponsible bad actors.

“There’s absolutely no reason why the gun industry should get special treatment when it comes to negligence. Their immunity from lawsuits effectively gives them a license to kill. It’s past time for Congress to repeal PLCAA and allow gun violence victims their day in court,” said Murphy.

“PLCAA is the ultimate sweetheart deal – legal immunity afforded to basically no other industry for a product that kills tens of thousands of Americans every year,” said Blumenthal. “Despite the strength and perseverance of the Sandy Hook, Uvalde, and Highland Park families – and the tenacity of their legal teams – this is a problem that cannot be solved only through the courts. PLCAA must be repealed by Congress.”

“No industry in American has a liability shield like gun manufacturers, distributors, dealers, and importers,” said Swalwell. “The NRA and their GOP stooges made sure that the gun industry has a unique immunity from accountability. This bill ends that ridiculous carve out. The Equal Access to Justice for Victims of Gun Violence Act will finally repeal the Protection of Lawful Commerce in Arms Act (PLCAA) once and for all, allowing victims of gun violence to bring civil suits against gun producers and sellers. The time has long since come for Congress to be clear – if you put the most dangerous weapons in the hands of the most dangerous people, you will be held accountable.”

“More than a 100 Americans are killed by a gun every single day in America. And yet, Congress does nothing to hold the gun industry accountable when the negligence of gun makers and dealers is responsible for the tragic consequences their products have on our kids, our families, and our communities. As long as gun violence continues to take the lives of so many in California and across the nation, I will fight to repeal the liability shield that wrongly protects negligent gun industry actors from liability,” said Schiff.

“Victims and survivors should be able to hold the gun industry accountable in court for negligent behavior. But right now, the gun industry is shielded from any liability when they disregard public safety. That’s wrong,” said Crow. “I’m introducing this bill so we can finally hold the gun industry responsible.”

“In the 20 years since PLCAA was passed, it’s become clear that negligent gun manufacturers and dealers have taken advantage of the law. Responsible manufacturers and dealers don’t need this legal protection – and irresponsible ones are hiding behind it. As a hunter, combat veteran and responsible gun owner, I’m proud to work with Senator Blumenthal and Representative Swalwell to introduce this sensible legislation,” said Thompson, Chair of the Gun Violence Prevention Task Force.

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.” Changing the law to let 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.

Full text of the bill is available HERE.

###