Curtis, Colleagues Introduce Bill to Increase Second Amendment Protections Against Frivolous Lawsuits

WASHINGTON —U.S. Senator John Curtis (R-UT) joined Senator John Cornyn (R-TX), along with 14 of their Senate Republican colleagues, in introducing the Stopping Harmful and Outrageous Torts (SHOT) Act, which would strengthen the Protection of Lawful Commerce in Arms Act (PLCAA) to provide enhanced protections to the firearms industry from frivolous lawsuits brought by anti-gun bad actors.
“For years, bad actors have frivolously litigated the firearms industry in ways that unnecessarily strain our court system and undermine Americans’ Second Amendment rights,” said Senator Curtis . “The SHOT Act helps ensure that lawful firearms manufacturers and sellers are not held liable for crimes committed by third parties, while closing loopholes and reinforcing existing legal protections.”
“I am a proud supporter of the PLCAA , which protects our firearms industry from the constant onslaught of frivolous attacks by the Radical Left, progressive officials, and rogue activist judges,” said Senator Cornyn . “This legislation would strengthen the PLCAA to ensure it can continue to defend law-abiding Americans’ Second Amendment rights against anti-gun groups’ evolving tactics, and I urge the Senate to bring it to the floor for a vote as soon as possible.”
The legislation is also cosponsored by Senators Marsha Blackburn (R-TN), Ted Budd (R-NC), Mike Crapo (R-ID), Steve Daines (R-MT), Chuck Grassley (R-IA), Jim Risch (R-ID), Tim Sheehy (R-MT), Lindsey Graham (R-SC), Tom Cotton (R-AR), Jim Justice (R-WV), Cynthia Lummis (R-WY), Shelley Moore Capito (R-WV), Pete Ricketts (R-NE), and Bill Cassidy (R-LA). U.S. Representative Derek Schmidt (R-KS) introduced companion legislation in the House of Representatives.
“Radical leftists, Democrat politicians, and rogue judges are eroding our Second Amendment rights by supporting baseless lawsuits against law-abiding gun makers,” said Senator Blackburn . “The SHOT Act would put a stop to these harmful lawsuits and protect the firearms industry that is vital to upholding our constitutional right to bear arms.”
“For far too long, radical anti-gun groups have weaponized our courts with meritless lawsuits against America’s firearms industry, aided by activist judges who disregard federal law. I am proud to join Senator John Cornyn in stopping these baseless attacks on our constitutional rights and defending an industry that plays a vital role in our public safety and national security,” said Senator Budd .
“Litigious activists should not be allowed to bankrupt lawful businesses for crimes they did not commit,” said Senator Crapo . “The SHOT Act would reinforce Congress’s original intent by strengthening federal protections for members of the firearms industry, stopping meritless lawsuits and preventing costly legal abuse.”
“The Constitution makes it very clear: Americans have the right to keep and bear arms. I’m proud to work with Senator Cornyn and our colleagues on the SHOT Act to protect firearm manufacturers from frivolous lawsuits by anti-gun organizations and protect the constitutional rights of law-abiding citizens,” said Senator Daines.
“The Second Amendment is a fundamental right established by our Founding Fathers. Unfortunately, that hasn’t stopped leftist organizations, special interest groups, and foreign governments from attempting to strip Americans of their right to bear arms, including through baseless litigation intended to bankrupt the firearms industry,” said Senator Grassley . “I’m proud to join my colleagues in introducing the SHOT Act , which will put a stop to these frivolous lawsuits and help protect Americans’ constitutional rights.”
“Radical anti-gun activists’ attempts to strip Idahoans of their Second Amendment rights and bankrupt our firearm industry must stop,” said Senator Risch . “The SHOT Act will protect our Constitutional right to bear arms by ending frivolous and costly lawsuits.”
“As radical anti-gun groups continue their attacks on the firearms industry through a deluge of nuisance lawsuits and baseless claims, it’s crucial we clarify and strengthen existing protections for the industry to protect Americans’ Second Amendment rights. That’s why I’m pleased to cosponsor the SHOT Act, which makes key updates to the PLCA A–deterring such meritless litigation and defending our constitutional freedoms,” said Senator Sheehy .
“The threats against our right to bear arms run far and wide. When radical gun-grabbing activists lose at the ballot box, they turn to the court room with bogus legal claims,” said Senator Graham . “I’m proud to stand with Second Amendment advocates in supporting the SHOT Act , which will shut the door on absurd lawsuits that seek to put gun dealers across South Carolina out of business.”
Background:
The PLCAA was passed by Congress 20 years ago to stop frivolous lawsuits brought by anti-gun groups against the firearms industry. These lawsuits, premised solely on the actions of third parties who misuse firearms in a manner beyond the industry’s control, sought to bankrupt the firearms industry. In response, the PLCAA provided the firearms industry with basic immunity protections from suits that many other American industries enjoy.
Unfortunately, anti-gun groups, progressive politicians, plaintiffs’ attorneys, and rogue judges have ignored the plain text of the PLCAA and chipped away at its protections. For example, in Smith & Wesson Brands, Inc. v. Estados Unidos Mexicanos , Mexico filed a lawsuit against firearms manufacturers alleging that they caused cartel violence. The District Court judge hearing the case quickly dismissed the suit under the PLCAA , but a panel of liberal judges on the First Circuit ignored the PLCAA’s text and reversed the lower court, necessitating the Supreme Court’s involvement. While a unanimous Supreme Court emphatically dismissed the suit, the suit cost firearms manufacturers an exorbitant amount in legal fees.
The SHOT Act would address tactics the anti-gun lobby has taken to go after firearms manufacturers and undermine the PLCAA’s protections, along with holdings by rogue judges, by establishing new provisions under the law that would:
The SHOT Act is endorsed by the National Shooting Sports Foundation (NSSF).
The full text of the bill can be found here .