SLC Times

Senator Mike Lee of Utah has introduced the Protection of Lawful Commerce in Arms Act Jurisdiction Act, aiming to safeguard American firearm manufacturers and sellers. The legislation seeks to establish an independent basis for transferring frivolous lawsuits against these entities to federal court, particularly those based on illegal use of their products by unrelated third parties. Representative Harriet Hageman from Wyoming has introduced a similar bill in the House. Co-sponsors include Senators Josh Hawley, Ted Budd, Rick Scott, Bill Cassidy, and Marsha Blackburn.

Senator Lee stated, "We cannot allow law-abiding Americans to lose their Second Amendment rights through unjust attacks on those who legally make and sell firearms." He emphasized that the legislation is designed to protect businesses from unwarranted lawsuits and forum-shopping by amending existing laws.

Representative Hageman remarked, "Anti-Second Amendment activists have long used lawfare as a weapon to attack our constitutional rights." She reiterated her commitment to defending gun owners by ensuring that politically motivated cases do not harm firearm manufacturers.

The original Protection of Lawful Commerce in Arms Act (PLCAA), enacted in 2005, provides a defense for gun manufacturers and dealers against frivolous suits when their products are legally manufactured and sold but later used in crimes. However, the PLCAA lacks an independent basis for removal to federal court. This gap necessitates reliance on the federal question jurisdiction statute (28 U.S.C. 1331), which requires that the statutory basis for removal be evident in the plaintiff's complaint.

The new act aims to address this issue by allowing cases meeting PLCAA protection requirements filed in state courts to be moved to federal courts. This would help prevent abusive litigation practices such as forum shopping against the firearms industry.