Equal Access to Justice for Victims of Gun Violence Act

Equal Access to Justice for Victims of Gun Violence Act

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]
[S. 2048 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2048

 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 SENATE OF THE UNITED STATES

                             June 20, 2023

Mr. Blumenthal (for himself, Mr. Carper, Mr. Casey, Mrs. Feinstein, Mr. 
  Whitehouse, Mr. Fetterman, Mr. Padilla, Mr. Markey, Ms. Warren, Mr. 
 Merkley, Mr. Cardin, Mr. Kaine, Mr. Menendez, Ms. Hirono, Mr. Murphy, 
   Mr. Welch, Mr. Booker, Mr. Wyden, Mrs. Gillibrand, Mr. Reed, Ms. 
 Baldwin, Ms. Duckworth, Mr. Van Hollen, Mr. Sanders, Mr. Durbin, and 
  Mr. Coons) 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.

    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''.

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.
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