Equal Access to Justice for Victims of Gun Violence Act

Bill: 117-s-1338
Sponsor: full_name: Sen. Blumenthal, Richard [D-CT]
Introduced: 2021-04-22
Policy area: Law
Subjects: Civil actions and liability

Crime and Law Enforcement

Criminal justice information and records

Evidence and witnesses

Firearms and explosives

Manufacturing

Product safety and quality
Latest action: action_date: 2021-04-22
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2021-04-22
action_desc: Introduced in Senate
text: <p><b>Equal Access to Justice for Victims of Gun Violence Act</b></p> <p>This bill removes limitations on the civil liability of gun manufacturers and the disclosure of gun trace data in civil actions.</p> <p> Specifically, the bill repeals the Protection of Lawful Commerce in Arms Act, which prohibits civil actions against a firearm or ammunition manufacturer, seller, importer, dealer, or trade association for damages resulting from the criminal or unlawful misuse of a firearm.</p> <p>Additionally, the bill states that firearms trace data maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives is not immune from legal process. Such data is subject to discovery; is admissible as evidence; and may be used, relied on, or disclosed in a civil action or administrative proceeding.</p>

tv_txt: II 117th CONGRESS 1st Session S. 1338 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Blumenthal (for himself, Mr. Murphy , Mr. Durbin , Ms. Duckworth , Ms. Warren , Mr. Reed , Mr. Sanders , Mrs. Feinstein , Mr. Menendez , Mr. Markey , Mr. Carper , Mr. Booker , Mr. Cardin , Mr. Van Hollen , Ms. Klobuchar , Mr. Merkley , Mr. Padilla , Mr. Whitehouse , Mrs. Gillibrand , Ms. Baldwin , Mr. Kaine , and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To repeal the Protection of Lawful Commerce in Arms Act, and provide for the discoverability and admissibility of gun trace information in civil proceedings.

1. Short title This Act may be cited as the Equal Access to Justice for Victims of Gun Violence Act . 2. Repeal of certain provisions of the Protection of Lawful Commerce in Arms Act Sections 2 through 4 of the Protection of Lawful Commerce in Arms Act ( 15 U.S.C. 7901–7903 ) are repealed. 3. Discoverability and admissibility of gun trace information in civil proceedings The contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be immune from legal process, shall be subject to subpoena or other discovery, shall be admissible as evidence, and may be used, relied on, or disclosed in any manner, and testimony or other evidence may be permitted based on the data, on the same basis as other information, in a civil action in any State (including the District of Columbia) or Federal court or in an administrative proceeding.