It's Time to Pulverize PLCAA . . . Huh?
Even the most perfervid MAGA-ites have to know somewhere deep in whatever passes for their souls, that the past couple of weeks have been all that Democrats could hope or pray for. (And yes, despite what MAGA-ites believe, tons of Democrats do pray). I mean, consider that during the time that President Biden has been down with relapsing COVID-19, Congressional Democrats have managed to put together the required 50+1 votes needed to pass the “Inflation Recovery Act,” which will have an historic effect on taxes, lowering the cost of prescription drugs, climate change, inflation and ultimately lowering the national debt. This passed within the last hour - Sunday, August 7, 2022. To make matters even more positive, Senate Majority Leader Chuck Schumer (D-NY) convinced his counterpart, Minority Leader Mitch McConnell, to get enough Republicans on board to finally enact PACT Act, a bill to expand health care benefits for veterans who developed illnesses due to their exposure to burn pits during military service. Then there were this past Tuesday’s primary elections in which the good people of Kansas overwhelmingly voted against a measure which would make abortion impossible in the Sunflower State. And while yes, a majority of Congressional Republicans who voted in favor of impeaching Donald Trump following the January 6, 2021 insurrection did lose their primary bids to Trump-endorsed MAGA crazies, this could likely mean that many Republicans will simply stay home (if not vote for Democrats) come November.
By passing seminal legislation, Congressional Democrats have also forced Republicans to show their true colors just 15 weeks before the upcoming mid-term general elections. Voters going to the polls will have to choose between Republicans who are against lowering the cost of prescription drugs, against veterans suffering from life-threatening illnesses they contracted while fighting for their country in places like Iraq and Afghanistan, against doing anything to curb inflation or global warming and in favor of protecting the rights of those who manufacture and sell military-grade weapons to civilians or those who are far more in step with what a clear majority of Americans favor.
Another piece of legislation about to hit the floor of Congress is a bill cosponsored by Connecticut Senator Richard Blumenthal and Representatives Adam Schiff (D-CA), Dwight Evans (D-PA) and Jason Crow (D-CO). Called the Equal Access to Justice For Victims of Gun Violence (H.R. 2814), this bill would repeal the 17-year old Protection of Lawful Commerce in Arms Act (PLCAA), ensuring justice for victims and survivors and removing barriers to holding irresponsible gun industry actors accountable.
PLCAA was a top legislative priority for the corporate gun industry when President George W. Bush signed it into law in 2005. It contributed to the gun violence epidemic by enabling the gun industry to evade accountability at the expense of victims and survivors of gun violence who are denied the right to hold industry actors accountable. Put in lay terms, it means gun dealers and manufacturers are immune from lawsuits, and victims can’t sue them in court. This unique immunity is like no other in our nation. Car manufacturers, food producers, and tobacco companies all have to meet a safety standard and act with due care — or else they run the risk of being sued.
So why are guns any different? Because some politicians, for decades, prioritized profits over people. That’s why they’ve bent over backwards to protect the NRA and any other gun lobbyist who will write them a campaign check or endorse them in exchange for legislation like PLCAA.
In 2013, Representative Adam Schiff put the original Equal Access to Justice for Victims of Gun Violence into the Congressional hopper. Today, after nearly a decade, it stands a chance of passage . . . especially in light of all the recent mass-shootings across the country. In a recent email many received from Rep. Schiff, he wrote: “Five of the largest gun manufacturers made over one billion dollars in the last decade from selling assault-style weapons to civilians. While our nation’s bloodshed has increased exponentially, their profits have also skyrocketed, and yet the industry has complete legal immunity from civil lawsuits by victims and families even when their negligence contributes to the problem, all because of PLCAA. That must change, and it’s why I have repeatedly introduced legislation to repeal PLCAA, the Equal Access to Justice for Victims of Gun Violence Act. The NRA is already attacking me and working to prevent this bill from passing, which is why I’m reaching out. Keeping our Democratic House majority is critical to ensuring this legislation not only gets passed, but makes it to President Biden’s desk.”
From recent polling, it is clear that a majority of Americans are in favor of a ban on Assault Weapons. And yet, just this past Tuesday (August 2), all the House could muster was voted 217-213 (an almost total party-line vote) in favor of H.R. 1808, which would ban these military-style weapons (all but 5 Democrats voted in favor of the bill; all but 2 Republicans [Brian Fitzpatrick of Pennsylvania and Chris Jacobs of New York] voted against it. You had better believe that Democrats will be campaigning against those who voted against the bill. The same goes for the upcoming vote on H.R. 2814. Though it will likely pass the House and likely not even make its way to the Senate floor, if properly explained to the American public, it could bring additional voters to the polls come November.
Getting rid of PLCAA is terribly important; it could force manufacturers of assault and other military-style weapons to spend more and more of their inflated profits on those who have been maimed and murdered by their products, on paying compensatory damages to victims rather than stock by-backs for the sake of their shareholders.
Please, consider writing, emailing or calling your Congressional representative and/or senators and demand that they pulverize PLCAA by voting in favor of H.R. 2814. Let’s help take power back from the merchants and manufacturers of mayhem and return it to the people . . . where it belongs.
Copyright©2022 Kurt F. Stone