BENEFITING: Brady Center To Prevent Gun Violence
#ENOUGH! It's time to end the deadly decade of special protection for the gun industry.
On January 27, Brady announced a new bill, that if passed, will repeal the most evil piece of special of legislation ever - Protection of Lawful Commerce in Arms Act (PLCAA).
Since PLCAA passed in 2005, the Brady Center's Legal Action Project has fought on behalf of victims and their families, including the Adames family, to reform the negligent and dangerous practices of the gun industry, and to challenge the law in the courts.
With your help now, we can #RepealPLCAA and find justice for Hector, Rosalia, and many more victims who have been denied their day in court.
The Adames Family Story: On May 5, 2001, thirteen-year-old Billy Swan found his father’s Beretta 92FS handgun and removed the magazine that contained its ammunition, believing that this action had unloaded the gun.
The gun, however, did not contain one of several commonplace safety features that warned users when a round remained in the chamber or prevented the gun from firing when “unloaded” in this fashion. Billy then pulled the trigger, and the bullet hidden in the chamber killed his friend Josh Adames.
Josh’s parents sued Beretta in the Circuit Court of Illinois, filing a products liability action alleging that the firearm was unreasonably dangerous as Beretta failed to include effective warnings that indicated to foreseeable users when a round remained in the chamber or that alerted users that the gun could fire when its magazine was removed, and failed to include a magazine disconnect safety, a $10 device invented a century earlier to prevent precisely these sorts of accidents from occurring. The Illinois Court of Appeals held that Beretta’s failure to warn claim was permitted under Illinois law and could go forward under the PLCAA. However, the Illinois Supreme Court reversed even though the Adames would be entitled to relief under established Illinois law, and held that the PLCAA barred state courts from imposing their liability law and hearing such cases.
On August 24, 2009, the Adames filed a petition for Writ of Certiorari to the U.S. Supreme Court. Had Josh Adames been killed by anything else, his family would have had an opportunity to seek justice. But of special interests of the Gun Lobby, The Protection of Lawful Commerce Act or PLCAA Josh’s family, Hector and Rosalia, have been denied the opportunity to seek justice from an industry whose products kill 33,000 Americans each year. It is time to say #Enough! Enough of the gun lobby’s stranglehold on Congress, and its special interest protections.