New Gun Violence Act Removes Liability Shield for Gun Industry and Opens ATF Trace Data for Civil Lawsuits

This bill, the Equal Access to Justice for Victims of Gun Violence Act, is short but packs a serious punch. It has two major components: first, it completely repeals Sections 2, 3, and 4 of the Protection of Lawful Commerce in Arms Act (PLCAA), which is the federal law that currently shields gun manufacturers and sellers from most civil liability. Second, it blows the doors open on the federal government’s gun tracing database, making that information available as evidence in civil court cases.

The End of the Liability Shield

For years, the PLCAA has been the legal armor protecting the firearms industry from lawsuits related to the criminal misuse of their products. Think of it like a special federal exemption that said, generally, you can’t sue a gun maker just because someone used their legally sold product to commit a crime. This bill (SEC. 2) simply removes that armor by repealing the key sections of PLCAA. This means that victims of gun violence could potentially sue manufacturers and sellers in civil court, similar to how other industries (like car manufacturers) can be sued if their product or business practices contributed to harm. For the firearms industry, this translates directly into a massive increase in legal risk and potentially higher operating costs, which could eventually filter down to consumers in the form of higher prices.

Opening the ATF’s Books

The second major change deals with the ATF’s National Trace Center database, which tracks the history of firearms recovered in crimes. Currently, the federal government can shield this information from being used in civil court cases. This bill (SEC. 3) changes that, stating clearly that these trace records are now fully discoverable and admissible as evidence in any civil proceeding—whether it’s a federal lawsuit or a state administrative hearing.

What does this mean in the real world? Say a victim’s family is pursuing a lawsuit against a gun dealer alleging negligent sales practices. Before this bill, they couldn't access the specific trace data showing how often guns sold by that particular dealer ended up being used in crimes. Now, under this Act, that data is fair game. This is a huge win for transparency and for victims seeking accountability, as it gives them critical evidence to build their case. However, it also means the ATF will face a significant administrative burden responding to subpoenas from every civil case that wants to use this data.

Who Feels the Change?

If this bill becomes law, the most immediate impact is on the balance of power in civil litigation. Victims of gun violence and their attorneys gain a powerful new tool—the ability to sue and the evidence (trace data) to back up their claims. For gun manufacturers and retailers, the landscape shifts dramatically, forcing them to navigate a much higher level of legal scrutiny and potential liability. This isn't about making guns illegal; it's about making the industry accountable in civil court for certain actions, something they have largely been shielded from until now.