Hageman Introduces Legislation to Bolster Gun Industry Protections Against Politically Motivated Lawsuits
Washington, DC – Today, Congresswoman Harriet Hageman introduced the Protection of Lawful Commerce in Arms Act (PLCAA) Federal Jurisdiction Act, and Senator Mike Lee (R-UT) is introducing the Senate companion bill. This legislation strengthens legal defenses against frivolous lawsuits aimed at bankrupting gun makers and undermining constitutional freedoms. Amending the PLCAA will ensure firearm manufacturers can remove cases to federal court, while also providing for fair legal proceedings and more consistent application of procedural rules.
Rep. Hageman stated, “Anti-Second Amendment activists have long used lawfare as a weapon to attack our constitutional rights. Throughout my time in Congress, I’ve consistently defended law-abiding gunowners. This legislation reinforces my commitment by ensuring radical gun-control advocates cannot hurt firearm manufactures by filing politically motivated cases in state courts.”
Background:
The PLCAA was enacted in 2005 to shield gun manufacturers and dealers from liability when their legally made and sold products are later misused in crimes. However, due to a loophole in federal law, these cases often remain stuck in activist-run state courts rather than being moved to a more neutral federal venue.
Right now, because the PLCAA does not include a clear path for removal to federal court, defendants (gun manufacturers) must rely on the federal question jurisdiction statute which is subject to the “well-pled complaint rule.” This rule limits removal to federal court by requiring that the legal grounds for removal be apparent in the plaintiff’s (anti-gun activists) complaint—completely ignoring the fact that the defendant’s legal rights under the PLCAA should allow them to seek a fairer venue. This enables state attorneys general to deliberately craft lawsuits to evade federal jurisdiction, ensuring these cases stay in courts where they can manipulate the system to advance their gun control agenda.
Contact: Esteban Elizondo, Communications Director