WASHINGTON – Senator Mike Lee (R-UT) has introduced the Protection of Lawful Commerce in Arms Act Jurisdiction Act, which protects law-abiding American firearm manufacturers and sellers by creating an independent basis for removing frivolous lawsuits against them to federal court, especially those predicated on illegal use of their products by unrelated third parties. Rep. Harriet Hageman (R-WY) introduced the House version of the bill. It is co-sponsored by Sens. Josh Hawley (R-MO), Ted Budd (R-NC), Rick Scott (R-FL), Bill Cassidy (R-LA), and Marsha Blackburn (R-TN).   

“We cannot allow law-abiding Americans to lose their Second Amendment rights through unjust attacks on those who legally make and sell firearms,” said Senator Lee. “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.”

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

BACKGROUND

Enacted in 2005, the Protection of Lawful Commerce in Arms Act provides a defense for gun manufacturers and dealers to use against frivolous suits when their products are legally manufactured and sold, but later used to commit crimes. However, because the PLCAA does not contain an independent basis for removal to federal court, state courts must look to the federal question jurisdiction statute (28 U.S.C. 1331) triggering the “well-pled complaint rule.” The “well-pled complaint rule” requires that the statutory basis for removal under 28U.S.C. 1331 be found on the face of the complaint filed by plaintiffs. Any answer or defense raised by the defendant is an insufficient basis for removal to federal court. This contrasts with the broader requirement of only a federal ingredient in either the claim or defense for Article III jurisdiction under the Constitution. State Attorneys General and plaintiffs have become creative 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. This necessitates adding an independent basis for removal of lawsuits against defendants who qualify for PLCAA protections.

The Protection of Lawful Commerce in Arms Act Jurisdiction Act adds a provision to the PLCAA stating that cases filed in state court which 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 further the PLCAA’s goal of ending abusive, frivolous litigation by reducing forum shopping and other attempts to weaponize our legal system against the firearms industry. 

You can read the one-pager by clicking HERE. 

You can read the bill text by clicking HERE.