We’re One Big Step Closer to Holding the Gun Industry Accountable

On Nov. 15, 2003, Burbank police officer Matthew Pavelka was responding to a radioed call for assistance when two gunmen opened fire, killing him and gravely injuring his partner. Pavelka, a 26-year-old rookie, was the first Burbank officer to be killed in the line of duty – a horrific tragedy that shook our community.

The killer, a known gang member with an extensive criminal record, was sentenced to life in prison. But when Matthew’s heartbroken family tried to sue the gun dealer that sold the murder weapon to a “straw purchaser” – an individual who legally acquires firearms only to knowingly traffic them to individuals who cannot purchase guns themselves – the civil suit was dismissed almost immediately.

This wasn’t the first time this dealer had acted as a conduit to gang members. S/he had a history of repeatedly failing to exercise reasonable care to ensure his/her product wasn’t ending up in the hands of criminals. If s/he had been selling anything else in such a negligent fashion – like alcohol, drugs, tobacco or cars – the Pavelkas would have been able to file a lawsuit, gather evidence, subpoena witnesses and try to prove the dealer abandoned his/her duty to act responsibly.

But because s/he was selling guns, Matthew’s loved ones were swiftly denied even the chance to pursue justice. And, to this day, dealers can continue to sell weapons that could fall into the wrong hands with no incentive to tighten up their lax business practices because they know they can never be held accountable.

It’s dangerous, irrational and unfair. But to this day it’s the law of the land because of a 2005 law called the Protection of Lawful Commerce in Arms Act – which grants broad and unprecedented immunity to firearm manufacturers, dealers, distributors and trade associations when they’re sued for negligence or product liability. PLCAA is the single-most effective shield against liability for an industry that, as we’ve witnessed too many times to count, has taken a wanton disregard for the lives of tens of thousands of innocent individuals each year.

For almost a decade, doing away with PLCAA has been one of my biggest priorities – but because my Republican colleagues have repeatedly cowered in the face of gun lobby opposition, Congress has never been able to take up my bill to repeal it. Until last week.

In the early hours of Thursday morning (July 21) the House Judiciary Committee formally reviewed the Equal Access to Justice for Victims of Gun Violence Act. A majority of committee members were able to push it over the last procedural hurdle and pass the bill out of committee. And very soon, my bill could finally come to the House floor for a vote.

For gun safety advocates, this was one of the most significant congressional acts in a decade. And if the House passes it, we will be one giant step closer to finally holding a reckless industry to account.

Instead of being immediately dismissed, valid civil lawsuits would be able to go forward against bad actors in state and federal courts. Victims’ families would have the chance to seek amends for their loved ones. And gun manufacturers and dealers would be incentivized to adopt responsible business practices that will undoubtedly save lives.

There has been renewed momentum behind this strategy over the past few weeks, including the California bill Gov. Newsom signed into law recently that has the same objective. Still, PLCAA could continue to challenge even the best state efforts to chip away at the gun industry’s broad immunity shield.

That’s why I will fight hard to see my federal bill over the finish line – for Matthew’s family and so many others who have lost their loved ones to gun violence. It’s high time we held this industry accountable for the death and devastation their negligent practices have caused. And it’s time we gave countless families in America the opportunity to pursue the justice they deserve.