NSSF®, The Firearm Industry Trade Association, praises the introduction of S. 4775, the Stopping Harmful and Outrageous Torts (SHOT) Act, that would strengthen the Protection of Lawful Commerce in Arms Act (PLCAA). The legislation, introduced by U.S. Sen. John Cornyn (R-Texas), would protect against frivolous public nuisance lawsuits that have been allowed by 11 states relying on unspecified "reasonable" liability standards.
"NSSF applauds Sen. John Cornyn's leadership in introducing the SHOT Act to strengthen the PLCAA to close manufactured gaps created over time by misguided court decisions that have permitted frivolous lawsuits against members of the firearm industry that a bipartisan Congress intended to prohibit over 20 years ago," said Lawrence G. Keane, NSSF Senior Vice President & General Counsel. "This lawfare is supported chiefly by gun control activists, antigun politicians and large 'white shoe' law firms seeking to blame industry members for the criminal and unlawful misuse of legal, well-designed and lawfully sold products. These lawsuits are intended to bankrupt the firearm industry and impose gun control measures through litigation."
The SHOT Act would strengthen PLCAA protections to ensure that responsible and law-abiding manufacturers and retailers of firearms, ammunition and component parts are no longer unjustly blamed in federal and state civil actions for "the harm caused by those who criminally or unlawfully misuse" these products that function as designed and intended.
The PLCAA was signed into law over 20 years ago following overwhelming bipartisan support by Congress. The law prohibits frivolous lawsuits against manufacturers of firearms, ammunition and component parts for the criminal or unlawful misuse of legally-made and sold products. The law was enacted after years of politically motivated lawsuits that attempted "regulation-through-litigation" to force policy from the courts that was expressly rejected by Congress.
Further, the PLCAA was intended to halt frivolous lawsuits designed to bankrupt the firearm and ammunition industry through "death by a thousand cuts" in legal fees to defend against lawsuits that have no legal merit. Additionally, the U.S. Supreme Court upheld the PLCAA when it rejected Mexico's frivolous claims in Smith & Wesson Brands, Inc., et al v. Estados Unidos Mexicanos, the $10 billion claim against U.S. firearm manufacturers for the criminal violence caused by narco-terrorists in Mexico.
However, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Jersey, New York, Washington and now Virginia have enacted public nuisance laws to allow these lawsuits under the guise of undefined "reasonable" liability standards. Suing firearm and ammunition companies for the criminal misuse of their legal products is akin to suing a hardware store if a hammer it sells is used in a murder or a car manufacturer for one of its cars being used to purposely run down someone or in a fatal accident caused by a driver under the influence of drugs or alcohol.
About NSSF: NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen's organizations and publishers nationwide. For more information, visit nssf.org.