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
Urban Myth: Crime Doesn’t Pay – California City Authorizes Stipends to Gang Members

News  

Friday, September 15, 2017

Urban Myth: Crime Doesn’t Pay – California City Authorizes Stipends to Gang Members

In a special meeting on August 29, the nine-member City Council of Sacramento unanimously agreed to allocate $1.5 million in funding and to move forward with a “gun-violence reduction strategy” that will include cash payments ...

National Reciprocity Bill Nears Goal Line in the House but Needs Your Support to Reach the End Zone

News  

Friday, September 15, 2017

National Reciprocity Bill Nears Goal Line in the House but Needs Your Support to Reach the End Zone

Gun owners received good news this week with the passage of the SHARE Act by the U.S. House Committee on Natural Resources (see related story). Meanwhile, progress continued to be made on another NRA legislative ...

Reuniting The United States With Reciprocity

Wednesday, September 20, 2017

Reuniting The United States With Reciprocity

Most concealed-carry permit holders understand the potential pitfalls of traveling with a firearm, given the outrageous patchwork of state laws involved in even a short interstate trip. And while we haven’t posted much about reciprocity ...

House Committee Passes SHARE Act by Wide Margin

Hunting  

News  

Friday, September 15, 2017

House Committee Passes SHARE Act by Wide Margin

As we have reported, this year’s version of the SHARE Act is the most expansive and far-reaching yet. Besides previously-introduced provisions aimed at enhancing opportunities for hunting, fishing, and shooting and broadening access to federal lands ...

Wisconsin: Important Concealed Carry Legislation Scheduled for Committee Vote This Week

Sunday, September 17, 2017

Wisconsin: Important Concealed Carry Legislation Scheduled for Committee Vote This Week

This Tuesday, September 19, Senate Bill 169 is scheduled for a vote during the executive session in the Senate Judiciary Committee.  SB 169 would allow for the concealed carry of a firearm without a concealed carry license ...

NRA Backed SHARE Act Passes Committee

News  

Wednesday, September 13, 2017

NRA Backed SHARE Act Passes Committee

“Today marks an important step in protecting the Second Amendment freedoms of America’s hunters and sportsmen and strengthening our outdoor heritage,” said Chris W. Cox, executive director, NRA-ILA. “The SHARE Act will cut burdensome red tape that restricts ...

Bloomberg Spending Millions To Elect Anti-Gun Virginia Governor

News  

Wednesday, September 20, 2017

Bloomberg Spending Millions To Elect Anti-Gun Virginia Governor

Billionaire anti-gunner Michael Bloomberg is at it again, pledging to spend $1 million through his gun control group Everytown for Gun Safety in an attempt to impact Virginia’s upcoming elections for governor and attorney general.

NRA Applauds Reintroduction and Expansion of SHARE Act

News  

Hunting  

Friday, September 8, 2017

NRA Applauds Reintroduction and Expansion of SHARE Act

On Sept. 1, U.S. Congressman Jeff Duncan introduced H.R. 3668, the Sportsman’s Heritage and Recreational Enhancement Act (SHARE Act), a wide-ranging package of legislation aimed at promoting Second Amendment rights and America’s outdoor sporting traditions.

Washington Post’s Resident Anti-Gun Zealot Parades his Ignorance in SHARE Act Column

News  

Second Amendment  

Friday, September 15, 2017

Washington Post’s Resident Anti-Gun Zealot Parades his Ignorance in SHARE Act Column

Dana Milbank is not a serious journalist. A former White House correspondent for the Washington Post, Milbank now writes what can be characterized as a humor column for the paper.

“What Happened”: Clinton Recognizes NRA’s Power, Rewrites History, and Urges Dems to Double-down on Gun Control

News  

Friday, September 15, 2017

“What Happened”: Clinton Recognizes NRA’s Power, Rewrites History, and Urges Dems to Double-down on Gun Control

This week, twice-failed presidential candidate Hillary Clinton released her new book, “What Happened,” which chiefly serves to assign blame to the myriad politicians, journalists, organizations, countries, prejudices, and technologies she claims caused her defeat. Gun ...

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.