A VICTORY FOR GUN VIOLENCE VICTIMS: PENNSYLVANIA APPEALS COURT STRIKES DOWN LEGAL SHIELD FOR GUN INDUSTRY AS UNCONSTITUTIONAL

Brady lawsuit successfully challenged the constitutionality of federal law immunizing the gun industry from lawsuits when its dangerous conduct played a role in injury or death

 https://www.bradyunited.org/press-releases/plcaa-guns-unconstitutional-federal-court

 Washington, D.C., September 28, 2020 - Brady applauds the decision of the Superior Court of Pennsylvania holding that the federal gun industry protection law, the Protection of the Lawful Commerce in Arms Act (“PLCAA”) is unconstitutional in its entirety, the first appeals court to do so. The ruling is a major victory in the effort to hold the gun industry accountable for its role in driving America’s gun violence epidemic and a harbinger for the importance of a judicial branch that balances interests of public safety with rights to gun ownership.

Lead counsel for Gustafson and Brady Vice President for Legal Jonathan Lowy shared:

“This is a win for the parents of J.R. Gustafson and other victims of gun industry negligence and misconduct, who will now have their day in court. In finding that PLCAA is unconstitutional in its entirety, the Superior Court of Pennsylvania properly recognizes that states have the authority to hold negligent gun makers accountable in court, and to ensure that all victims have the right to seek civil justice against wrongdoers who cause them harm. As the court held, there is no right to ‘negligently or defectively manufacture or sell firearms or ammunition.’ Gun makers and sellers are no longer immune from the consequences of their unreasonable, irresponsible actions that lead to injury and death. We look forward to proving J.R.’s case in court.”

SBrady President Kris Brown shared:

“This access-to-justice victory for gun violence victims shows why it matters who sits on our nation’s courts. As this Court recognized, the Constitution protects all of us, including innocent victims of both an out-of-control gun industry and a Congress with too many Members all-too-willing to value gun industry profits over American lives. Our nation’s laws should be designed to ensure our most basic freedoms, including the right to safety and to live, are protected. This decision rightly held that PLCAA is ‘repugnant to the Constitution’ and without 'the force or effect of law.' This historic victory takes us a giant stride closer to ensuring that victims of gun violence can hold the companies that profit from the pain of the American people accountable.”

About the Case:

On March 20, 2016 in Mount Pleasant, a town outside of Pittsburgh, J.R. Gustafson died in an unintentional shooting by a boy who mistakenly believed the gun was unloaded when the magazine was removed. Gun manufacturer Springfield Armory made and local gun store Saloom sold the gun, which lacked several obvious safety features that resulted in J.R.’s death.

On March 19, 2018, Brady and Pittsburgh firm Carlson Lynch, on behalf of J.R Gustafson’s parents, sued the gun maker and the gun store, alleging that the boy’s death could have been prevented had the defective gun included several safety features, including a magazine disconnect and an internal lock or a loaded chamber indicator.

On January 15, 2019, a trial judge in Westmoreland County ruled that PLCAA provides the gun industry with immunity, and dismissed the suit. The Superior Court of Pennsylvania reversed that decision and remanded the case to the trial court.

 About Brady Legal:

Brady has represented victims of gun industry negligence for over 30 years and has won more than $60 million in settlements and verdicts in cases brought by Brady on behalf of victims and survivors. Brady has also won landmark precedents holding that gun companies can be held legally responsible for the damage caused by their irresponsible business practices and has forced gun dealers and manufacturers to reform their practices to prevent sales of guns to dangerous people. Brady has litigated in over 40 states, and won victories in the Supreme Courts of Kansas, Missouri, Ohio, Indiana, Alaska, and appellate and trial courts in California, Florida, Mississippi, New York, Massachusetts, Oregon, Pennsylvania, Utah, Washington, West Virginia, Wisconsin, and other states.

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 Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.

 

BRADY URGES CA GOVERNOR GAVIN NEWSOM TO SIGN NEEDED GUN VIOLENCE PREVENTION BILLS FOLLOWING UNPRECEDENTED LEGISLATIVE SESSION

Washington, D.C., September 4, 2020 - Today, following the end of an unprecedented legislative session in California, Brady urges Governor Gavin Newsom to sign five, gun violence prevention bills and two bills on policing into law. When signed, these much-needed policies will work to ensure the safety of all Californians. These measures address the complex problems of gun violence through comprehensive solutions. By enacting new evidence-based policies, reforming existing systems and improving regulations and procedures, these bills will reduce the impact of gun violence throughout the state.

These changes complement California’s increased funding for community violence prevention efforts included in the state’s 2020-2021 budget and already signed by Gov. Newsom. That funding protected and increased funding for the California Violence Intervention and Prevention Grant Program (CalVIP), which supports evidence-based urban violence prevention programs such as hospital and community-based violence interventions. These programs are proven to reduce the incidence of homicides, shootings, and aggravated assaults, especially in communities of color, often black communities, that are disproportionately affected by gun violence.

Brady President Kris Brown shared:

“Despite an unprecedented global pandemic that has affected every facet of daily life and government, the California State Legislature remained focused on preventing gun violence this year. Brady is grateful to the legislature and to Gov. Newsom for maintaining funding for CALVIP, which will fund needed and evidence-based violence interruption programs across the state. We call on the Governor to act with this same prudent foresight and sign these bills that will prevent gun violence in all of its forms and help to improve policing in California. Californians have asked for these reforms and their duly elected legislature has acted. Throughout his career, Governor Newsom has proven himself a steadfast champion in his work to prevent gun violence, which is why Brady strongly urges him to make these bills law.”

Brady Program Manager Steve Lindley, the former Chief of the California Department of Justice’s Bureau of Firearms, shared:

“The policies passed by the California State Legislature are essential components in California’s on-going effort to prevent gun violence in all of its forms. From new technology requirements for semiautomatic pistols to a bill respecting extreme risk protection orders instituted in other states to a bill that will ensure gun dealers act responsibly, these bills build upon and strengthen California’s existing gun violence prevention laws and regulations. As a former law enforcement officer and chief of the Bureau of Firearms, I’ve seen the effects that such changes to our laws can have on community violence and crime. These policies, as well as new laws to fund community-led emergency responses when law enforcement officers aren’t necessary and to ban the use of dangerous chokeholds will help reduce violence in our state. Gov. Newsom must sign all of these bills.”

Brady California Legislative Chair Amanda Wilcox shared:

“I have seen many successes and setbacks in my over fifteen years working on gun violence prevention in California. The bills passed in this legislative session are undoubtedly a resounding success in the effort to reduce and prevent gun violence in our state. These bills must become law. Sadly, examples of why we need these policies already exist. One bill, in particular, requiring the verification of a hunting license for a gun purchase could have prevented the deadly mass shooting in Poway, last year. Similarly, Assemblymember Gabriel’s bill making all Gun Violence Restraining Orders enforceable in California will help to ensure that individuals who are a proven risk to themselves or others temporarily do not possess weapons. These policies will save lives and I call on Gov. Newsom to sign them into law at once.”

During the 2020 State Legislative Session, Brady supported the following bills that are now waiting for Gov. Gavin Newsom’s signature:

AB 2847 - Introduced by Assemblymember David Chiu (D-San Francisco), AB 2847 eases existing microstamping requirements to just one location, making it entirely feasible for gun manufacturers to comply and to introduce safer and better guns in California. This law will insure that newly introduced handguns have certain consumer safety features and microstamps that mark bullet casings with information to help law enforcement identify shooters and gun traffickers to catch them before they do more harm.

AB 2617 - Introduced by Assemblymember Jesse Gabriel (D-Encino), AB 2617 will further protect those in crisis and all Californians by making out-of-state Extreme Risk Orders Enforceable in California.

AB 2362 - Introduced by Assemblymember Al Muratsuchi (D-Torrance), AB 2362 will allow the California Department of Justice to impose fines on firearm sellers for violations to ensure that gun dealers engage in safe and responsible business practices. 

SB 914 - Introduced by Senator Anthony Portantino (D-La Cañada Flintridge), SB 914 will require the California Department of Justice and gun dealers to confirm the validity of hunting licenses for rifle buyers younger than age 21 during the 10-day waiting period. This bill was introduced in direct response to the 2019 mass shooting in Poway, where a teenage shooter obtained a firearm with an invalid hunting license.

AB 2061 - Introduced by Assemblymember Monique Limón (D-Santa Barbara), AB 2061 will allow the California Department of Justice to inspect firearms dealers, ammunition vendors, or manufacturers participating in a gun show or event in order to ensure that all transfers or sales are conducted in compliance with applicable state and local laws.

AB 1196 - Introduced by Assemblymember Mike Gipson (D-Carson), AB 1196 bans the use of chokeholds and carotid restraints statewide by law enforcement.

AB 2054 - Introduced by Assemblymember Sydney Kamlager (D-Los Angeles), AB 2054 establishes the Community Response Initiative to Strengthen Emergency Systems (CRISES) which will fund community-led emergency responses to be available when law enforcement officers aren’t necessary. The CRISES Act directs the California Office of Emergency Services (Cal OES) to administer millions of dollars in grants to community organizations in at least ten counties over the next three years.

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Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.

BRADY APPLAUDS THIRD CIRCUIT RULING UPHOLDING NEW JERSEY'S BAN ON LARGE CAPACITY MAGAZINES

HTTPS://WWW.BRADYUNITED.ORG/PRESS-RELEASES/BRADY-THIRD-CIRCUIT-NEW-JERSEY-BAN-LARGE-CAPACITY-MAGAZINES

 Washington, D.C., September 1, 2020 - Today, Brady applauds the ruling from the United States Court of Appeals for the Third Circuit, upholding New Jersey’s ban on large capacity magazines holding more than 10 rounds of ammunition. The court’s judgement is prudent and upholds long standing precedent that there is no constitutional right to a large capacity magazine and that a state may ban them in the interest of public safety. In their opinion, the judges cited that “at least four other circuits that have decided that laws regulating [Large Capacity Magazines] are constitutional,” underscoring the widespread and established standard to which such bans are and should be held.

The Third Circuit’s ruling is correct; Brady reiterates that large capacity magazine bans are not only constitutional but in the best interest of public safety.

Brady Legal Vice President Jonathan Lowy shared:

“This decision is the latest reality-check confirming that so much of the rhetoric from the gun lobby and others on the Second Amendment is plain wrong. The Third Circuit, like most courts across the country, have properly recognized that the Second Amendment is totally consistent with strong, sensible gun laws, like New Jersey’s ban on large capacity magazines. The state’s duly elected legislature was within its authority to enact this law in the interest of public safety and to protect New Jersey citizens’ most fundamental right -- the right to live. The Second Amendment does not empower private citizens to arm themselves with weapons of war. We are pleased that the Third Circuit recognized and reaffirmed this.

This ruling follows a contrary decision in the Ninth Circuit court, where a three-judge panel incorrectly ruled that California’s ban on large capacity magazines violated an individual’s Second Amendment right to bear arms. In her dissenting opinion in that ruling, Judge Barbara M.G. Lynn stated that the facts in that case were “nearly identical” to previous cases which appeals courts, including the Ninth Circuit, had upheld bans on large capacity magazines. The ruling in the Third Circuit provides greater support for Judge Lynn’s well-reasoned dissent. Brady looks forward to the full Ninth Circuit overturning that decision and joining the Third Circuit in upholding precedent and the right of the state to protect its citizens.”

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Brady has one powerful mission — to unite all Americans against gun violence. We work across Congress, the courts, and our communities with over 90 grassroots chapters, bringing together young and old, red and blue, and every shade of color to find common ground in common sense. In the spirit of our namesakes Jim and Sarah Brady, we have fought for over 45 years to take action, not sides, and we will not stop until this epidemic ends. It’s in our hands.