Equal Access to Justice for Victims of Gun Violence Act
This bill, titled the Equal Access to Justice for Victims of Gun Violence Act, would repeal key provisions of the Protection of Lawful Commerce in Arms Act (PLCAA) and would mandate that gun trace information be available in civil (and some administrative) proceedings. Specifically, it repeals sections 2, 3, and 4 of PLCAA, which currently shield firearm manufacturers, distributors, and sellers from most civil liability arising from the use of firearms. At the same time, it requires that the Gun Trace System data maintained by the ATF’s National Tracing Center be treated like other ordinary evidence: it would no longer be immune from legal process, would be subject to subpoenas and discovery, and would be admissible in court or administrative settings. In short, the bill intends to open civil pathways for victims of gun violence to access information that could support claims in litigation.
Key Points
- 1Repeals PLCAA protections: The bill repeals Sections 2, 3, and 4 of the Protection of Lawful Commerce in Arms Act, removing a major shield against civil liability for firearm manufacturers, distributors, and sellers.
- 2Gun trace data not immune: It makes the contents of the ATF Firearms Trace System (FTS) fully accessible in civil actions, removing legal immunity for this information.
- 3Discoverability and subpoena power: The FTS data would be subject to discovery proceedings and could be subpoenaed just like other evidence.
- 4Admissibility in court: FTS data would be admissible as evidence and could be used in civil actions in any state or federal court, or in administrative proceedings.
- 5Scope of application: The changes apply to civil actions and administrative proceedings in all U.S. states (including the District of Columbia).