As the national debate on gun control continues, Senator Mike Lee (R-UT) and Rep. Harriet Hageman (R-WY) have taken legislative steps aimed at reinforcing the protection of firearm manufacturers and dealers. In a move announced earlier, Senator Lee introduced the Protection of Lawful Commerce in Arms Act Jurisdiction Act—a measure designed to shield these businesses from what he and his co-sponsors deem as frivolous lawsuits. According to a statement from Senator Lee's office, this bill also seeks to facilitate the removal of such lawsuits from state to federal courts.
The legislation has been positioned as a safeguard for Second Amendment rights, with Lee emphasizing the need to protect law-abiding American businesses from legal attacks based on the criminal misuse of guns by unrelated third parties. "We cannot allow law-abiding Americans to lose their Second Amendment rights through unjust attacks on those who legally make and sell firearms," as per United States Senator Mike Lee website. The bill draws support from various Republican lawmakers, including Sens. Josh Hawley (R-MO), Ted Budd (R-NC), Rick Scott (R-FL), Bill Cassidy (R-LA), and Marsha Blackburn (R-TN).
At the heart of this legislative effort is an amendment to the Protection of Lawful Commerce in Arms Act (PLCAA) established in 2005. The PLCAA currently provides a defense for gun manufacturers and dealers in lawsuits where their products, legally sold and manufactured, end up being used to commit crimes. However, it has been criticized for not having an independent clause that allows for straightforward removal to federal court. The legislation introduced by Lee and Hageman aims to add such a provision, effectively creating an independent basis for moving cases to federal court when they qualify for PLCAA protection.
Rep. Hageman, who introduced the House version of the bill, echoed Lee's sentiments. "Anti-Second Amendment activists have long used lawfare as a weapon to attack our constitutional rights," she stated. She also made clear her intention to fortify the protection of gun manufacturers against what she termed as politically motivated cases in state courts. This move is seen as an effort to end what the collaborating lawmakers view as abusive litigation and prevent attempts to "weaponize our legal system" against the firearms industry, as per United States Senator Mike Lee's website.
The Protection of Lawful Commerce in Arms Act Jurisdiction Act brings gun manufacturer and dealer liability back into focus in Congress. Supporters argue it protects legal gun sales and Second Amendment rights, while critics worry it may limit options for gun violence victims seeking justice. The debate over gun rights and public safety remains a tough issue for lawmakers.
