Equal Access to Justice for Victims of Gun Violence Act of 2023
This bill removes limitations on the civil liability of gun manufacturers and the disclosure of gun trace data in civil actions.
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.
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.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4184 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4184
To repeal the Protection of Lawful Commerce in Arms Act, and provide
for the discoverability and admissibility of gun trace information in
civil proceedings.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 15, 2023
Mr. Schiff (for himself, Mr. Evans, Mr. Crow, Mr. Auchincloss, Ms.
Balint, Mr. Beyer, Mr. Blumenauer, Ms. Bonamici, Ms. Bush, Mr.
Carbajal, Mr. Carson, Mr. Casten, Ms. Chu, Mr. Cleaver, Mr. Connolly,
Ms. Dean of Pennsylvania, Ms. DelBene, Mr. DeSaulnier, Mr. Espaillat,
Mrs. Foushee, Ms. Lois Frankel of Florida, Mr. Frost, Mr. Garamendi,
Mr. Robert Garcia of California, Mr. Gomez, Mr. Higgins of New York,
Ms. Jayapal, Mr. Johnson of Georgia, Mr. Khanna, Mr. Kim of New Jersey,
Ms. Lee of California, Mr. Lynch, Ms. Meng, Mr. Morelle, Mr. Nadler,
Mr. Neguse, Ms. Norton, Ms. Pettersen, Mr. Pocan, Ms. Porter, Mr.
Quigley, Ms. Scanlon, Ms. Schakowsky, Mr. David Scott of Georgia, Ms.
Stevens, Ms. Strickland, Mr. Swalwell, Ms. Titus, Ms. Tlaib, Mr. Torres
of New York, Ms. Williams of Georgia, and Ms. Wilson of Florida)
introduced the following bill; which was 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Access to Justice for Victims
of Gun Violence Act of 2023''.
SEC. 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.
SEC. 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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