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
California: DOJ’s Proposed “Assault Weapon” Regulations Rejected by Office of Administrative Law

Tuesday, June 27, 2017

California: DOJ’s Proposed “Assault Weapon” Regulations Rejected by Office of Administrative Law

On Monday, June 26, the Office of Administrative Law (OAL)  formally rejected DOJ’s proposed regulations for the registration of newly classified “assault weapons,” which go far and above what is necessary by creating over 40 new definitions ...

Mainstream Media Misrepresents NRA's Position on Right-to-Carry Permits

News  

Second Amendment  

Friday, June 23, 2017

Mainstream Media Misrepresents NRA's Position on Right-to-Carry Permits

There is an ongoing debate as to the severity of the decline in the modern attention span. However, in a world pervaded by 140 character messages and trivial clickbait articles, few would argue that many ...

NRA Statement on Peruta v. California

News  

Monday, June 26, 2017

NRA Statement on Peruta v. California

The executive director of the National Rifle Association Institute for Legislative Action, Chris W. Cox, released the following statement Monday regarding the United States Supreme Court's denial of petition in the case of Peruta v. ...

Nationwide Firearms Turn-in Not Enough for Australia’s Gun Haters

News  

Friday, June 23, 2017

Nationwide Firearms Turn-in Not Enough for Australia’s Gun Haters

On July 1, Australia begins National Firearms Amnesty 2017, the country’s fourth federal firearms buyback (more accurately termed turn-in) or amnesty program since 1987. According to the Australian government, officials hope to capture some of ...

Rhode Island: Immediate Action Required on Gun Control Bill

Wednesday, June 28, 2017

Rhode Island: Immediate Action Required on Gun Control Bill

Anti-gun groups are bombarding Senators with text messages, emails and phone calls, urging them to support H.5510a/S.405.

Steadfast Czechs Fight on Against EU Gun Control

News  

Friday, June 23, 2017

Steadfast Czechs Fight on Against EU Gun Control

The European Union’s new restrictions on firearms ownership were finalized on May 24, when the misguided changes to the European Firearms Directive were published in the political bloc’s Official Journal. Despite this setback, the Czech ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

California: Governor Brown Signs AB 103 and Anti-Gun Bills Pass Public Safety Committees

Tuesday, June 27, 2017

California: Governor Brown Signs AB 103 and Anti-Gun Bills Pass Public Safety Committees

Today, June 27, Governor Brown signed the state budget along with budget trailer bills including AB 103.  Also today, the Assembly and Senate Public Safety Committees heard anti-gun bills SB 464, SB 497 and AB ...

Delaware: Hearing Scheduled for Radical Gun Seizure Legislation

Tuesday, June 20, 2017

Delaware: Hearing Scheduled for Radical Gun Seizure Legislation

Tomorrow, the House Administration Committee is scheduled to consider House Bill 222.

Illinois: Crossbow Legislation Sent to the Governor’s Desk

Hunting  

Monday, June 26, 2017

Illinois: Crossbow Legislation Sent to the Governor’s Desk

Yesterday, the Illinois House passed Senate Bill 1467 and sent it to the desk of Governor Bruce Rauner for his signature.

MORE TRENDING +
LESS TRENDING -
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.