Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Key Talking Points on S. 659/S. 1805

Friday, July 25, 2003

Support for the Bill

  • This reasonable and sensible legislation enjoys overwhelming bipartisan support, with 54 cosponsors, including 10 democrats. It passed the House of Representatives by a better than 2 to 1 margin of 285-140, and is supported by President Bush.

“Unique” or “Unprecedented Special Protection” for the Gun Industry?

  • Congress enacts liability protections every year for specific industries or other organizations.

  • Past liability immunity protections have been enacted for the light aircraft industry, community health centers, aviation industry, medical implant makers, Amtrak, computer industry members affected by “Y2K” problems, and others.

“Blanket” Immunity for the Gun Industry?

  • The bill is narrowly tailored. S. 659/S. 1805 provides protection only against lawsuits based on the criminal or unlawful acts of third parties—not on their own negligent or criminal conduct. Under the bill, manufacturers or sellers must operate entirely within federal and state law.
  • The bill allows suits based on violations of federal or state law, or on traditional grounds such as negligent entrustment, breach of contract or normal product liability cases involving actual injuries caused by an improperly functioning firearm.

Manufacturers and Dealers Act Legally and Responsibly

  • The manufacture and sale of firearms are regulated by hundreds of pages of statutes and regulations. All gun manufacturers, importers and dealers are licensed by the federal government and such licenses can be revoked for violations.

  • The industry has voluntary programs to promote safe gun storage and to help dealers avoid sales to potential illegal traffickers. In voluntarily seeking dismissal of its own lawsuit, the city of Boston stated, “The City acknowledges that the members of the industry and firearms trade associations are genuinely concerned with and are committed to, the safe, legal and responsible sale and use of their products.” The city went on to praise several of the firearms industry’s voluntary programs.

  • All retail gun sales are subject to a federal criminal background check—either directly by the FBI through its National Instant Criminal Background Check (NICS) or through state systems that also use NICS. All retail gun buyers are screened to the best of the government’s ability.

  • Manufacturers have a time-honored tradition of acting responsibly to issue recalls and make repairs as they become aware of defects.

33 States Have Acted to Prevent These Lawsuits

  • 33 state legislatures have acted to block similar lawsuits—either by limiting the power of localities to file suit, or by amending state product liability laws.

Legislation Protects Vital National Interests

  • The gun industry manufactures firearms for America’s military forces and law enforcement agencies.
  • Unlike many foreign countries, the U.S. doesn’t have a government armory but relies on private industry. Due in part to federal purchasing rules, these guns are made in the U.S. by American workers. Successful lawsuits could leave the U.S. at the mercy of foreign small arms suppliers.

S. 659/S. 1805 is a Legitimate Exercise of Federal Power

  • In many of these lawsuits, cities and individuals are trying to use State courts to restrict the conduct of the firearms industry nationally—often contrary to State policies expressed through their legislatures.

  • Those efforts threaten an unreasonable state burden on interstate commerce. The federal government may act to prevent imposition of that burden.

Lawsuits Hurt Consumers and Workers

  • By restricting the industry’s ability to make and sell guns and ammunition, the lawsuits threaten the ability of Americans to exercise their Second Amendment rights.

  • By threatening the survival of the industry, the lawsuits threaten thousands of jobs. Labor unions representing workers at major firearms plants support S. 659/S. 1805.

For more information see our Fact Sheet

or Reckless Lawsuits in the Research Library

TRENDING NOW
Don’t Say They Didn’t Warn You: Left Leaning Voices Question Democrats’ Anti-Gun Proposals, Fervor

News  

Friday, June 7, 2019

Don’t Say They Didn’t Warn You: Left Leaning Voices Question Democrats’ Anti-Gun Proposals, Fervor

If the 2020 Democrat presidential primary is any indication, that party’s base and donor class will accept nothing less from their nominee than commitments to sweeping gun control. And the contenders appear happy to accommodate ...

Governor Abbott Signs Ten Pro-Second Amendment Bills into Law

Monday, June 17, 2019

Governor Abbott Signs Ten Pro-Second Amendment Bills into Law

Governor Greg Abbott has now signed all of the NRA-supported legislation which the Texas Legislature sent him during the 2019 session.

Obama Lies about Guns… Again

News  

Friday, June 14, 2019

Obama Lies about Guns… Again

Despite no longer living in the White House, former President Barack Obama continues to be a headache to law-abiding Americans. On May 30, Obama spoke at a digital innovation event in Brazil. During the onstage ...

California DOJ Proposes “Emergency” Regulations Requiring Federally  Compliant IDs for All Firearm and Ammunition Transfers

Tuesday, June 18, 2019

California DOJ Proposes “Emergency” Regulations Requiring Federally Compliant IDs for All Firearm and Ammunition Transfers

Yesterday, the California Department of Justice officially submitted proposed “emergency” regulations that, if adopted, would require federally compliant California driver license or identification cards whenever attempting to purchase a firearm and, beginning July 1, 2019, ...

I wish the gay community were more accepting of gun supporters. I should know.

WashingtonPost.com  

Monday, June 17, 2019

I wish the gay community were more accepting of gun supporters. I should know.

Last June, I attended my first Pride parade. I’m a 24-year-old gay man, and the downtown D.C. event came two months after I started my new job as social media manager for the National Rifle Association. ...

Bloomberg Course: Ineffective Policies and Non-Existent Technology

News  

Friday, June 14, 2019

Bloomberg Course: Ineffective Policies and Non-Existent Technology

This week in the online course “Reducing Gun Violence in America: Evidence for Change” is a real rollercoaster. Week Five is titled “Regulating Gun Design, Enforcing Gun Laws, and Reducing Police-Involved Shootings” covers so-called assault ...

Pittsburgh Mayor Presents DICK’S CEO an Award for Gun Control Advocacy

News  

Friday, June 14, 2019

Pittsburgh Mayor Presents DICK’S CEO an Award for Gun Control Advocacy

On June 4-5, the annual Yale Mayors College & CEO Summit was held in New York City. The theme of this year’s CEO Summit was “Trumpeting the Issues without Becoming the Issue: Selective Use of CEO Voice.” ...

Advice Columnist Tells Father to Evict Daughter from His House for Owning a Gun

News  

Friday, June 14, 2019

Advice Columnist Tells Father to Evict Daughter from His House for Owning a Gun

Amy Dickinson is an advice columnist who, according to the company that syndicates her work, “combines storytelling with advice that is rooted with honesty and trust.” “Ask Amy” appears in newspapers that include The Baltimore Sun, ...

California: Anti-Gun bills still moving forward and more scheduled to be heard next week

Friday, June 14, 2019

California: Anti-Gun bills still moving forward and more scheduled to be heard next week

Next Tuesday, June 18, the Senate Public Safety Committee is scheduled to hear anti-gun bills, AB 12 and AB 61.  On Wednesday, June 19, the Assembly Appropriations Committee has scheduled Senate Bill 220. 

New Jersey “Smart Gun” Law Gets an F Grade

News  

Friday, June 14, 2019

New Jersey “Smart Gun” Law Gets an F Grade

After signing six gun control measures into law a year ago, New Jersey Governor Phil Murphy warned that “Our work is far from done.” Several new bills are now making the rounds in a state already notorious ...

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.