Congress passed the PLCAA in 2005 at the behest of the National Rifle Association and other industry lobbyists, which insisted that firearm-related litigation had imperiled the gun industry. That wasn’t actually true; as a court later noted, the industry faced “no crippling recoveries,” and the NRA’s anxiety about budget-busting litigation had lacked “empirical support.” Still, Republican Idaho Sen. Larry Craig, the bill’s sponsor, insisted it was necessary to stave off catastrophe, and his GOP colleague Jeff Sessions urged his colleagues to protect the industry from “huge costs” resulting from “unjust lawsuit.” With some bipartisan support, the bill easily passed into law.
If there was no empirical support for the NRA’s claims, what was the group so frightened of? The answer is simple: The firearm industry feared becoming the next tobacco industry. In the 1990s, a supermajority of states, frustrated that tobacco-related illnesses were draining their Medicaid funds, banded together to sue tobacco manufacturers for violating various state laws, particularly consumer protection statutes. As the attorney general of Mississippi explained: “You caused the health crisis; you pay for it.” In 1998, the states entered into a settlement with tobacco manufacturers that required them to pay out $206 billion.