H.R. 3740: Equal Access to Justice for Victims of Gun Violence Act of 2025
Sponsor
Eric Swalwell
Democrat · CA-14
Bill Progress
Latest Action · Jun 4, 2025
Referred to the House Committee on the Judiciary.
Why it matters
This matters now because the bill would reopen a major fight over whether gun makers and sellers can be sued as gun violence lawsuits and industry accountability efforts gain national attention.
H.R. 3740 would undo core legal protections that the gun industry has relied on for two decades. The bill repeals key parts of the Protection of Lawful Commerce in Arms Act, a 2005 law that generally blocks many civil lawsuits against gun manufacturers and dealers when crimes are committed with their products. If passed, victims, families, and local governments would have a wider path to sue gun companies and argue that their business practices contributed to shootings, trafficking, or illegal sales.
The bill also takes aim at another major barrier in gun cases: access to federal gun-trace data. It says information from the ATF's Firearms Trace System could be subpoenaed, introduced in court, and used in civil and administrative proceedings just like other evidence. Supporters argue that this data can help show patterns, such as whether certain dealers are linked to repeated crime-gun recoveries. Opponents are likely to argue that trace data can be incomplete, misleading, or unfairly damaging if used without context.
In practical terms, the proposal is about accountability through the courts. It would not create new gun ownership rules, ban firearms, or set up a new federal grant program. Instead, it shifts legal risk onto manufacturers, distributors, and dealers by exposing them to more lawsuits and broader discovery. That could pressure companies to change sales, marketing, distribution, and recordkeeping practices to avoid liability.
Politically, the bill is a sharp contrast to the long-standing federal approach of shielding the firearms industry from many third-party crime claims. With 112 cosponsors, it has clear support among House Democrats, but it faces steep odds in a divided Congress and would likely meet fierce resistance from gun-rights groups and the firearms industry. Even so, the bill signals where advocates want the debate to go: away from immunity and toward court-based accountability.
What does H.R. 3740 do?
Repeals core gun industry lawsuit shield
The bill repeals sections 2 through 4 of the Protection of Lawful Commerce in Arms Act, removing major federal protections that have blocked many lawsuits against gun manufacturers and sellers.
Allows more civil lawsuits over gun harm
Victims, families, and other plaintiffs would have a stronger chance to bring civil cases against gun industry companies for business practices they say contributed to violence or illegal gun sales.
Opens ATF gun-trace data to subpoenas
The bill says the ATF Firearms Trace System database cannot be shielded from legal process and can be requested through subpoenas and other discovery tools.
Makes gun-trace data admissible in court
Information from the federal gun-tracing database could be introduced as evidence in state and federal civil cases and in administrative proceedings.
Lets experts testify using trace data
The bill allows testimony and other evidence based on trace data, treating it like other kinds of information that can support a civil case.
Who benefits from H.R. 3740?
Victims of gun violence and their families
They would have a better chance to seek damages in court and obtain evidence they say is needed to prove wrongdoing.
Cities, counties, and states suing over gun harms
Governments could have stronger legal tools to pursue claims tied to trafficking, illegal sales, and the public costs of gun violence.
Gun violence prevention advocates
They would gain a policy win that focuses on industry accountability rather than only on criminal penalties or consumer restrictions.
Plaintiffs' lawyers and public-interest litigators
They would have broader access to evidence and fewer federal barriers when building civil cases against gun industry defendants.
Who is affected by H.R. 3740?
Gun manufacturers
They could face more lawsuits, more discovery demands, and greater pressure to defend their marketing and distribution practices.
Firearms dealers and retailers
Dealers could be exposed to increased legal scrutiny, especially if trace data suggests repeated links to guns later recovered in crimes.
ATF and its National Trace Center
The agency could receive more subpoenas and requests tied to civil litigation and administrative cases.
Insurance carriers for gun industry businesses
Insurers could see higher litigation risk and may adjust premiums, coverage terms, or underwriting for firearms-related clients.
H.R. 3740 Common Questions
Can gun violence victims sue gun manufacturers under HR 3740?
Yes. The bill repeals Sections 2 through 4 of the Protection of Lawful Commerce in Arms Act, removing key federal protections that have blocked many civil suits against gun makers and sellers under the Equal Access to Justice for Victims of Gun Violence Act of 2025 (Section 2).
Does HR 3740 repeal the Protection of Lawful Commerce in Arms Act?
Partly. According to H.R. 3740 Section 2, it repeals Sections 2 through 4 of the Protection of Lawful Commerce in Arms Act, codified at 15 U.S.C. 7901–7903.
Can ATF gun trace data be subpoenaed in civil lawsuits under HR 3740?
Yes. Under the Equal Access to Justice for Victims of Gun Violence Act of 2025 (Section 3), Firearms Trace System data shall not be immune from legal process and is subject to subpoena or other discovery.
Is ATF Firearms Trace System data admissible in court under HR 3740?
Yes. Under H.R. 3740 Section 3, trace data from the ATF Firearms Trace System shall be admissible as evidence and treated on the same basis as other information.
Which courts could use ATF gun trace data under the Equal Access to Justice for Victims of Gun Violence Act?
Section 3 allows use in any State court, the District of Columbia, any Federal court, and any administrative proceeding under the Equal Access to Justice for Victims of Gun Violence Act of 2025.
Can experts testify using ATF trace data under HR 3740?
Yes. According to H.R. 3740 Section 3, testimony or other evidence may be permitted based on Firearms Trace System data.
Does HR 3740 let local governments sue the gun industry?
It likely broadens that path by removing key PLCAA protections. Under the Equal Access to Justice for Victims of Gun Violence Act of 2025 (Section 2), repealing Sections 2 through 4 would open more civil claims against manufacturers and sellers.
Does HR 3740 apply to gun dealers as well as manufacturers?
Yes. By repealing core PLCAA protections in Section 2, the Equal Access to Justice for Victims of Gun Violence Act of 2025 affects civil lawsuit shields used by gun manufacturers and sellers, including dealers.
Can ATF trace data be disclosed or relied on in administrative proceedings under HR 3740?
Yes. Under H.R. 3740 Section 3, Firearms Trace System information may be used, relied on, or disclosed in any manner, including in administrative proceedings.
What ATF database is covered by HR 3740 discovery rules?
Section 3 specifically covers the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives under H.R. 3740.
Based on H.R. 3740 bill text
HR3740 Legislative Journey
House: Committee Action
Jun 4, 2025
Referred to the House Committee on the Judiciary.
About the Sponsor
Eric Swalwell
Democrat, California's 14th congressional district · 13 years in Congress
Committees: House Select Subcommittee to Investigate the Remaining Questions Surrounding January 6, 2021, Homeland Security, the Judiciary
View full profile →
Cosponsors (112)
All 112 cosponsors are Democrats. Cosponsors represent 32 states: Arizona, California, Colorado, and 29 more.
Jason Crow
Democrat · CO
Dwight Evans
Democrat · PA
Mike Thompson
Democrat · CA
Henry Johnson
Democrat · GA
Eleanor Norton
Democrat · DC
LaMonica McIver
Democrat · NJ
Madeleine Dean
Democrat · PA
Donald Beyer
Democrat · VA
Danny Davis
Democrat · IL
Betty McCollum
Democrat · MN
Gabe Amo
Democrat · RI
Mary Gay Scanlon
Democrat · PA
Cosponsor Coverage Map
Committee Sponsors
Judiciary Committee
12 of 44 committee members cosponsored
7 Democrats across this committee haven't cosponsored yet. Mobilize their constituents
H.R. 3740 Quick Facts
- Committee
- Judiciary
- Chamber
- House
- Policy
- Crime and Law Enforcement
- Introduced
- Jun 4, 2025
Referred to the House Committee on the Judiciary.
Jun 4, 2025
Official Sources
Official bill page with full text, actions timeline, 112 cosponsors, and committee referral status for the Equal Access to Justice for Victims of Gun Violence Act of 2025.
The federal statute HR 3740 partially repeals. Sections 7901-7903 (Sections 2-4 of the original act) provide the lawsuit shield for gun manufacturers and dealers that this bill would remove.
The core PLCAA provision that bars bringing qualified civil liability actions against firearms manufacturers and dealers — the primary legal shield HR 3740 Section 2 repeals.
The ATF facility that maintains the Firearms Trace System database. HR 3740 Section 3 would make this trace data subject to subpoena and admissible as evidence in civil and administrative proceedings.
Annual state-by-state firearms trace data published by ATF — the type of data HR 3740 would open to civil litigation discovery and court admission.
Congressional Research Service analysis of PLCAA, including the 2025 Supreme Court ruling in Smith & Wesson v. Mexico that upheld statutory immunity — the legal framework HR 3740 seeks to dismantle.
Full text of the 2005 law as enacted. HR 3740 repeals Sections 2, 3, and 4 of this act while leaving the remaining provisions intact.
Committee of referral for HR 3740. The bill's path forward depends on whether committee leadership schedules hearings or markup on gun industry liability.
Who is lobbying on H.R. 3740?
3 organizations lobbying on this bill
NATIONAL ASSOCIATION FOR GUN RIGHTS | 3 |
GIFFORDS | 2 |
EVERYTOWN FOR GUN SAFETY ACTION FUND | 1 |
Showing 1-3 of 3 organizations
H.R. 3740 Bill Text
“To repeal the Protection of Lawful Commerce in Arms Act, and provide for the discoverability and admissibility of gun trace information in civil proceedings.”
Source: U.S. Government Publishing Office
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