LEGISLATIVE RESOLUTION urging the New York State Congressional deleg-
ation to pass the Equal Access to Justice for Victims of Gun Violence
Act, H.R. 332

WHEREAS, The Protection of Lawful Commerce in Arms Act (PLCAA) was
enacted with the express purpose of prohibiting causes of action against
manufacturers, distributors, dealers, and importers of firearms, and
their trade associations; and
WHEREAS, The intent of the PLCAA was to bar a narrow category of
lawsuits holding gun industry entities liable for damages solely on the
basis of selling a product that was used in a crime; and
WHEREAS, The intent of the PLCAA was not to prohibit victims from
recouping damages as a result of criminal negligence; and
WHEREAS, It was not the intent of Congress in the PLCAA to protect gun
manufacturers or sellers who failed to exercise reasonable care for
health and safety in the design, marketing, and sale of their products;
and
WHEREAS, Federal and State courts have misinterpreted the intent of
PLCAA, and dismissed lawsuits based on negligence, product defect, and
other causes of action that are well established in statute and common
law principles; and
WHEREAS, The PLCAA creates an unprecedented protected class for the
firearm industry and preempts the laws of New York State with regard to
tort liability; and
WHEREAS, State and Federal courts should not be barred from applying
State common or statutory law to impose liability on industry partic-
ipants who, through their negligent conduct or defective product, cause
injury in which unlawful activity was also a cause; and
WHEREAS, Most firearms dealers are responsible businesspeople who do
not engage in negligent sales practices; and
WHEREAS, 86 percent of firearms dealers sell no guns that are subse-
quently used in crimes, and 1.2 percent of firearms dealers sell 57
percent of firearms used in crimes; and
WHEREAS, Allowing victims of gun violence to pursue civil actions in
State and Federal courts against the firearm industry on the basis of
negligent behavior serves the interests of justice and creates an
economic incentive to invest in responsible business practices to make
firearms safer, and keep them out of the hands of criminals; and
WHEREAS, The Second Amendment rights of law-abiding citizens are not
infringed by allowing State and Federal courts to impose generally
applicable principles of civil justice law to negligent industry partic-
ipants; now, therefore be it
RESOLVED, That the New York State Congressional delegation be and
hereby is respectfully memorialized by this Legislative Body to do all
within its power to pass the Equal Access to Justice for Victims of Gun
Violence Act, H.R. 332, and to ensure that those injured by firearms
have access to the same civil remedies as those injured by any other
products; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to each member of the Congressional delegation from the State of
New York.