A new measure introduced in the U.S. Senate aims to strengthen the protections offered to gunmakers against lawsuits stemming from the unlawful use of their legally manufactured and lawfully sold products.

First, some background information. In 2005, Congress enacted the Protection of Lawful Commerce in Arms Act (PLCAA) as a legal defense for gun manufacturers and dealers when combating frivolous lawsuits regarding products that are legally manufactured and sold but later used to commit crimes. However, since the PLCAA lacks an independent basis for removal to federal court, state courts must reference the federal question jurisdiction statute, which triggers the “well-pled complaint rule.” This rule requires that the statutory basis for removal under 28 U.S.C. 1331 be apparent on the face of the plaintiffs’ complaint.

This conflicts with the broader requirement of having only a federal ingredient in either the claim or defense for Article III jurisdiction under the Constitution. Consequently, state attorneys general and plaintiffs have become inventive in ensuring that complaints filed in state court do not trigger the well-pled complaint rule’s requirements for removal to federal court under the PLCAA. 

The new Protection of Lawful Commerce in Arms Act Jurisdiction Act, introduced by U.S. Senator Mike Lee, R-Utah, would create an independent basis for transferring frivolous lawsuits against them to federal court, especially those stemming from the illegal use of their products 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,” Sen. Lee said in a press release announcing the measure. “This legislation will save businesses from frivolous lawsuits and forum-shopping by amending the Protection of Lawful Commerce in Arms Act, defending the right of all Americans to keep and bear arms.”

A House version of the measure has been introduced by U.S. Rep. Harriet Hageman, R-Wyoming. Rep. Hageman said anti-gun advocates have been circumventing the provisions of the PLCAA for too long and need to be stopped.

“Anti-Second Amendment activists have long used lawfare as a weapon to attack our constitutional rights,” Rep. Hageman said. “Throughout my time in Congress, I’ve consistently defended law-abiding gun owners. This legislation reinforces my commitment by ensuring radical gun-control advocates cannot hurt firearm manufacturers by filing politically motivated cases in state courts.”

Ultimately, the newly introduced act would add a provision to the PLCAA stating that cases filed in state court that meet the requirements for protection under the PLCAA can be removed to federal court so that gun manufacturers and dealers can qualify for the liability protections created by Congress. This legislation would advance the PLCAA’s goal of ending abusive, frivolous litigation by minimizing forum shopping and other efforts to weaponize the U.S. legal system against the firearms industry. 

Senate co-sponsors for the measure include Republican Sens. Josh Hawley of Missouri, Ted Budd of North Carolina, Rick Scott of Florida, Bill Cassidy of Louisiana and Marsha Blackburn of Tennessee.