House Passes Bill Protecting Firearms Businesses from Lawsuits
WASHINGTON, Oct. 20 – The House voted on Thursday to forbid lawsuits against manufacturers, distributors and sellers of firearms for any harm that comes from illegal use of their products.
The measure, which the Senate approved in July, cleared the House, 283-144. It now goes to the White House for President Bush’s signature.
The bill, known as the Protection of Lawful Commerce in Arms Act, would protect manufacturers, distributors, importers and dealers of firearms and ammunition from lawsuits based on the way guns were used by the end consumer. It also would protect firearms and ammunition trade associations from the same kinds of suits.
The legislation allows lawsuits against firearms companies or dealers if any of certain criteria are met: transfer of a gun in violation of state or federal law in which there was a conviction for the violation; a seller’s negligence; a manufacturer or sellers knowing violation of state or federal laws in the sale and marketing of the product; a breach of contract or warranty; injury due to a design or manufacturing defect, or if the action was brought by the U.S. Attorney General.
In floor debate, supporters said that these exceptions would allow all legitimate lawsuits to go forward.
Rep. James Sensenbrenner (R-Wis.) said the bill “by prohibiting abusive lawsuits against the firearms industry, supports core federalism principles.” He also noted that the firearms industry supplies the U.S. military and provides jobs to citizens.
Other supporters also expressed concern that lawsuits against firearms companies for crimes committed by third parties represent attempts to sue the industry out of existence.
Rep. John Salazar (D-Colo.) said the bill was “a commonsense measure to protect small businesses and preserve the second amendment.”
One of the leaders of the opposition to the bill, Rep. Chris Van Hollen (D-Md.), said that since the majority of gun shops are law-abiding, this bill would serve only to protect those few who are not.
“Why don’t we go about the business of passing legislation to protect the victims of gun violence rather than a handful of bad-apple dealers?” he said.
Many of the members who rose to oppose the bill said that the courts were already doing the job of dismissing frivolous lawsuits.
According to the Associated Press, about 20 pending lawsuits by local governments against the industry would be dismissed under the measure.
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