Explore The NRA Universe Of Websites

APPEARS IN News

"Protection of Lawful Commerce in Arms Act"

Thursday, April 1, 2010

On October 26, 2005, President Bush signed S. 397, the "Protection of Lawful Commerce in Arms Act." Introduced by Sens. Larry Craig (R-ID) and Max Baucus (D-MT), this legislation is a vitally important first step toward ending the anti-gun lobby`s shameless attempts to bankrupt the American firearms industry through reckless lawsuits. Reps. Cliff Stearns (R-FL) and Rick Boucher (D-VA) introduced similar legislation, H.R. 800 in the House of Representatives.

  • These suits are intended to drive gunmakers out of business by holding manufacturers and dealers liable for the criminal acts of third parties who are totally beyond their control. Suing the firearms industry for street crime is like suing General Motors for criminal acts involving Buicks.
  • These lawsuits seek a broad range of remedies relating to product design and marketing. Their demands, if granted, would create major restrictions on interstate commerce in firearms and ammunition, including unwanted design changes, burdensome sales policies, and higher costs for consumers. While the suits are unwarranted, the firearms industry has had to spend over $200 million in defense.
  • Congress has the power-and the duty-to prevent activists from abusing the courts to destroy interstate commerce.
  • The bill provides that lawsuits may not be brought against manufacturers and sellers of firearms or ammunition if the suits are based on criminal or unlawful use of the product by a third party. Existing lawsuits must be dismissed.

S. 397 provides carefully tailored protections for legitimate suits:

  • The bills expressly allow suits based on knowing violations of federal or state law related to gun sales, or on traditional grounds including negligent entrustment (such as sales to a child or an obviously intoxicated person) or breach of contract. The bill also allows product liability cases involving actual injuries caused by an improperly functioning firearm (as opposed to cases of intentional misuse).
  • The Congress has often passed limitations on liability for specific groups, including light aircraft manufacturers, food donors, corporations affected by "Y2K" computer problems, charitable volunteers, health officials, medical implant manufacturers, and makers of anti-terrorism technology.

These lawsuits usurp the authority of the Congress and of state legislators, in a desperate attempt to enact restrictions that have been widely rejected. Thirty-four states have also enacted statutes blocking this type of litigation.

IN THIS ARTICLE
Reckless Lawsuits
TRENDING NOW
Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

News  

Monday, October 12, 2026

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

A lot of has changed for the better in the Nation’s Capital since Donald Trump returned to the White House. But the recent arrest of a young National Guardsman for an apparently harmless breach of ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

News  

Monday, October 12, 2026

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

A year ago, Canada’s Public Safety Minister Gary Anandasangaree admitted, in a bombshell recording with a gun owner, that the Liberal government’s “assault-style firearm” ban and confiscation program isn’t driven by public safety or gun ...

Trump Administration Issues Report Detailing Firearms Industry Debanking

News  

Wednesday, October 14, 2026

Trump Administration Issues Report Detailing Firearms Industry Debanking

Since taking office for the second time, President Donald Trump and his administration have worked to end political debanking and guarantee that all law-abiding Americans and businesses have access to financial services.

Not Your Father’s ATF: Agency Pledges Reform, Distances Itself from Biden-Harris Era

News  

Tuesday, May 27, 2025

Not Your Father’s ATF: Agency Pledges Reform, Distances Itself from Biden-Harris Era

A headline on the website of the Bureau of Alcohol, Tobacco, Firearms and Explosives appeared late in the day on May 21: “ATF Launches New Era of Reform.” According to the accompanying announcement:

Mississippi: Attorney General Issues Statement on Suppressors Following ATF Decision

Wednesday, October 14, 2026

Mississippi: Attorney General Issues Statement on Suppressors Following ATF Decision

Following the ATF's recent decision regarding the enforcement of NFA transfer guidelines, Attorney General Lynn Fitch has issued a statement that filing an ATF Form 4 for suppressor transfers is no longer mandatory in Mississippi.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.