Gun Makers Only Industry that Can’t be Sued. Wait, what?
Did you know that gun manufacturers are the only industry in America that is protected from lawsuits? Let that sink in. In 2005 Congress passed The federal Protection of Lawful Commerce in Arms Act (PLCAA) which grants broad immunity from liability to gun manufacturers and dealers in federal and state courts. Toys are better regulated. Victims of gun violence are the only citizens with such restricted rights to sue a manufacturer of a dangerous product.
Sandy and Lonnie Phillips, whose daughter was killed in the Aurora Colorado movie theater shooting, are asking Congress to support the Equal Access to Justice for Victims of Gun Violence Act to repeal PLCAA . Click HERE to sign onto the letter to support Sandy and Lonnie.
PLCAA Repeal Letter to Congress 2016
Dear Families of Victims of Gun Violence, Survivors of Gun Violence, Supporters, Faith Groups and Gun Violence Prevention Organizations:
Next Tuesday, Senator Richard Blumenthal and Representative Adam Schiff will be introducing their bill to repeal PLCAA. This letter from Sandy and Lonnie Phillips will be hand-delivered to Congress to support the bill. We invite you to sign onto the letter as an advocate, family of a victim of gun violence, survivor of gun violence or as an organization to urge Congress to repeal PLCAA.
Please complete this form to sign onto this letter as a supporter. Thank you for your support.
January 22, 2016
Dear Members of the 114th Congress:
Gun manufacturers make up the only industry in America that is protected from lawsuits when its products lead to violence and death.
In 2005, Congress passed the Protection of Lawful Commerce in Arms Act (PLCAA), which granted broad immunity from liability to gun manufacturers and dealers in federal and state courts. PLCAA prevents plaintiffs from filing lawsuits against gun manufacturers or dealers for negligence or “criminal or unlawful misuse” of a firearm or ammunition.
We are the parents of Jessica Ghawi, an Aurora, Colorado movie theater shooting victim. We filed a lawsuit against Lucky Gunner, the online company that provided the ammunition to the gunman who murdered our daughter along with 11 others and injured 70 others. We brought our lawsuit because we thought it was outrageous that companies could sell a dangerous man an arsenal without getting any information about him, and without making any effort to see if he was a dangerous killer—which he was. The lawsuit was thrown out because of PLCAA, and the judge ordered that we pay $203,000 for the company’s attorney fees. This is an outrageous amount, especially given that this case was decided after one single motion. Lucky Gunner has said that it is going to donate all these fees to “gun rights” groups. The thought is disgusting to us that Lucky Gunner does not even plan to use this money to pay for their attorney’s fees. PLCAA does not protect us or other families of victims of gun violence.
According to the Violence Policy Center, gun deaths are surpassing motor vehicle deaths in 21 states and the District of Columbia. Lawsuits against the auto industry have contributed to improved motor vehicle safety standards, which have resulted in a steady decline in motor vehicle deaths in the past ten years. PLCAA must be repealed in order to improve firearm industry safety standards and reduce gun deaths and injuries in our nation.
Other families of victims of gun violence, survivors, supporters, faith groups, and numerous gun violence prevention organizations urge you to support Senator Richard Blumenthal, Senator Chris Murphy and Representative Adam Schiff’s bill, the Equal Access to Justice for Victims of Gun Violence Act, to repeal PLCAA. The gun industry should not be the only industry in America that is protected from lawsuits when its products lead to violence and death.
Sandy Phillips, Mother of Jessica Ghawi, who was killed in Aurora, CO
Lonnie Phillips, Stepfather of Jessica Ghawi, who was killed in Aurora, CO
Newtown Action Alliance, Newtown, CT
Po Murray, Advocate, Sandy Hook, CT
For the last three days, we have been shedding tears for the Parkland community. Those of us living in Newtown lived through the same senseless and preventable school shooting in 2012.
Today, we are full of outrage and we are making a pledge to vote out all politicians who take blood money from the NRA. These craven politicians are working on the gun industry's guns-for-anyone-everywhere agenda instead of passing gun control laws to protect our children in our schools, in our streets and in all public places. The current President and too many Republican members of the 115th Congress have demonstrated that they will not take any action - even after the deadly Las Vegas and Sutherland Springs mass shooting incidents.
Any elected official who only sends thoughts and prayers after this latest heartbreaking shooting is willing to sacrifice our children to protect the gun industry profits and they should be voted out in 2018 and 2020.
Our children deserve to go to school to learn THEN return home safely at the end of the day!
Sign up HERE to make a pledge and to help our National Campaign to #VoteThemOut to #EndGunViolence in America. We will be endorsing candidates across the nation who will stand with us. 95% of Americans support universal background checks on gun sales and 65% of Americans support a ban on assault weapons and high capacity magazines. It's time for our elected representatives to listen to us or get voted out.
Chairwoman, Newtown Action Alliance