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Law Would Shield Gun Makers from Lawsuits

Could not be sued for illegal actions of gun owners

By Robert Longley, About.com

Dateline: July 2005

A bill sponsored by NRA board member and U.S. Sen. Larry Craig (R-Idaho), would effectively ban lawsuits against gun manufacturers when their products are used in the commission of crimes.

The Protection of Lawful Commerce in Arms Act (S.397), would prohibit civil lawsuits from being filed against manufacturers or sellers of firearms, ammunition, or components of a firearm for damages resulting from the "criminal or unlawful misuse of a firearm." Lawsuits would still be allowed in cases:

  • where firearms are transferred with the knowledge that they will be used in the commission of a crime of violence or drug trafficking,

  • where federal or state laws were violated in the transfer of the firearms,

  • cases of breach of contract or warranty in connection with the purchase of the firearm, or

  • cases of death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner.

    The Protection of Lawful Commerce has garnered 56 additional co-sponsors in the Senate, including some key democrats. The bill has passed the House in the two previous sessions of Congress and is expected to do so again this session.

    Republican Senators actually killed the bill in the last session, after pro gun control Senators attached amendments to it, including an extension of the now defunct ban on assault rifles and the closing of the gun show loophole.

    The bill is supported by the NRA and the National Shooting Sports Foundation, the trade lobby representing gun makers.

    Opponents fear the bill would both immunize the gun industry against negligence-based lawsuits and prevent the Bureau of Alcohol, Tobacco, Firearms and Explosives from acting against so-called "rouge" gun dealers.

    The bill is intended to address a growing number of active and pending lawsuits brought by individuals and cities against gun makers whose products were used in the commission of violent crimes.

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