Home > 108th Congressional Bills > H.R. 1037 (ih) To prevent terrorists and money launderers from establishing accounts for illegal money transfers through the use of false Social Security numbers or taxpayer identification numbers, and for other purposes. [Introduced in House] %%Filename:...H.R. 1037 (ih) To prevent terrorists and money launderers from establishing accounts for illegal money transfers through the use of false Social Security numbers or taxpayer identification numbers, and for other purposes. [Introduced in House] %%Filename:...
Union Calendar No. 37
108th CONGRESS
1st Session
H. R. 1036
[Report No. 108-59]
To prohibit civil liability actions from being brought or continued
against manufacturers, distributors, dealers, or importers of firearms
or ammunition for damages resulting from the misuse of their products
by others.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. Stearns (for himself, Mr. John, Ms. Hart, Mr. Boucher, Mr. Pearce,
Mr. Johnson of Illinois, Mr. Simmons, Mr. Lewis of Kentucky, Mr.
Knollenberg, Mr. Putnam, Mr. Bishop of Georgia, Mrs. Capito, Mr.
Boehlert, Mr. Forbes, Mr. Goode, Mr. Rogers of Alabama, Mr. Bishop of
Utah, Mr. Pickering, Mr. Costello, Mr. Brown of South Carolina, Mr.
Hill, Mr. Mica, Mr. Hostettler, Mr. Burgess, Mr. Lampson, Mr. Miller of
Florida, Mr. Turner of Ohio, Mr. Murphy, Mr. Hall, Mrs. Northup, Mr.
Gary G. Miller of California, Mr. Brady of Texas, Mr. Ryan of Ohio, Mr.
Michaud, Mr. Gerlach, Mr. Ballenger, Mr. Gingrey, Mr. Radanovich, Mr.
Pitts, Mr. McInnis, Mr. Akin, Mr. Marshall, Mr. Ryan of Wisconsin, Mr.
Foley, Mr. Everett, Mr. Kennedy of Minnesota, Mr. Murtha, Mr.
Nethercutt, Mr. Larsen of Washington, Mr. Ney, Mr. Wilson of South
Carolina, Ms. Pryce of Ohio, Mr. Rehberg, Mr. Vitter, Mr. Cannon, Mr.
Kolbe, Mr. Strickland, Mr. Hayworth, Mr. Schrock, Mr. Ross, Mr. Young
of Alaska, Mr. Flake, Mr. Peterson of Minnesota, Mr. Crane, Mr. Herger,
Mr. Pence, Mr. Doolittle, Mr. Chocola, Mr. Boyd, Mr. Holden, Mr.
Toomey, Mr. Carson of Oklahoma, Mr. McIntyre, Mr. Kingston, Mr. Keller,
Mr. Simpson, Mr. Cunningham, Mr. Green of Texas, Mr. Terry, Mr.
Tancredo, Mr. Calvert, Mr. Wicker, Mr. Ortiz, Mr. Buyer, Mr. Beauprez,
Mr. Dingell, Mr. Rogers of Kentucky, Mrs. Miller of Michigan, Mr.
Matheson, Ms. Ginny Brown-Waite of Florida, Mr. Davis of Tennessee, Mr.
Lucas of Kentucky, Mr. Latham, Mr. Baca, Mr. Walden of Oregon, Mr.
Gibbons, Mr. Shuster, Mr. Bachus, Mr. Issa, Mr. DeMint, Mr. Moran of
Kansas, Mr. Rahall, Mr. Smith of Michigan, Mr. Weller, Mr. Renzi, Mr.
Upton, Mr. Barton of Texas, Mr. Coble, Mr. Rogers of Michigan, Mr.
Bass, Mr. Shadegg, Mr. Souder, Mr. Burr, Mr. Burton of Indiana, Mr.
Cantor, Mrs. Myrick, Mr. Berry, Mr. Janklow, Mr. Tiberi, Mrs. Jo Ann
Davis of Virginia, Mr. Franks of Arizona, Mr. Hunter, Mr. Taylor of
Mississippi, Mr. Jenkins, Mr. Pombo, Mr. Kanjorski, Mr. Carter, Mr.
Norwood, Mr. Aderholt, Mr. Isakson, Mr. Goodlatte, Mr. Lucas of
Oklahoma, Mr. Hefley, Mr. Thompson of California, Mr. King of Iowa, Mr.
Weldon of Florida, Mr. Boswell, Mr. Nunes, Mr. Cox, Mr. Otter, Mrs.
Cubin, Mr. DeLay, Mr. Kline, Mr. Bartlett of Maryland, Mr. Graves, Mr.
Reynolds, Mr. Bradley of New Hampshire, Mr. Mario Diaz-Balart of
Florida, Mr. Linder, Mr. Stenholm, Mr. Cramer, Mr. Boehner, Mr.
Whitfield, Mr. Hayes, Mr. Gordon, Mr. Crenshaw, Mr. Fletcher, Mr. Cole,
Mr. Sullivan, Mr. Cardoza, Mr. Wamp, Mr. Thornberry, Mr. Taylor of
North Carolina, Mr. Culberson, Mr. Blunt, Mr. Stupak, Mr. Ehlers, Mr.
McHugh, Mr. Oxley, Mr. Gutknecht, Mr. Istook, Mr. Green of Wisconsin,
Mr. LaHood, Mr. Greenwood, Mr. Hulshof, Mr. Nussle, Mr. Barrett of
South Carolina, Mr. McCotter, Mr. Bonner, Mr. Hastings of Washington,
Mr. Sweeney, Mr. Reyes, Mr. Wolf, Mr. Davis of Alabama, Mr. Goss, Mr.
Skelton, Mr. Tom Davis of Virginia, Mr. LoBiondo, Mr. Hoekstra, Mr.
Hyde, Mr. Smith of Texas, Mrs. Emerson, Mr. Sandlin, Mrs. Blackburn,
Mr. Manzullo, Mr. Regula, Mr. McKeon, Mr. Alexander, Mr. Baker, Mr.
Duncan, Mr. Tanner, Mr. Hensarling, Mr. Bonilla, Mr. Sessions, Ms.
Harris, Mr. Boozman, Mr. McCrery, Mr. Collins, Mr. Dreier, Mr. Feeney,
Mrs. Bono, Mr. Tauzin, Mr. Lewis of California, Mr. English, Mr.
Platts, Mr. Shimkus, Mr. Camp, Mr. Garrett of New Jersey, Mr. Turner of
Texas, Mr. Ose, Mr. Osborne, Mr. Portman, Mr. Weldon of Pennsylvania,
Mr. Hobson, Mr. Peterson of Pennsylvania, Mr. Mollohan, Mrs. Musgrave,
Mr. Combest, Mr. Chabot, Ms. Granger, Mr. Sherwood, Mrs. Biggert, Mr.
Sam Johnson of Texas, Mrs. Kelly, Mr. Burns, Mr. Royce, Mr. LaTourette,
Mr. Saxton, Mr. Gillmor, Mr. Jones of North Carolina, Mr. Porter, Mr.
Thomas, Mr. Tiahrt, and Mr. Ryun of Kansas) introduced the following
bill; which was referred to the Committee on the Judiciary
April 7, 2003
Additional sponsors: Mr. Rohrabacher, Mr. Quinn, Mr. Cooper, Mr.
Gilchrest, Mr. Deal of Georgia, Mrs. Wilson of New Mexico, Mr.
Bilirakis, and Mr. Gallegly
April 7, 2003
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 27, 2003]
_______________________________________________________________________
A BILL
To prohibit civil liability actions from being brought or continued
against manufacturers, distributors, dealers, or importers of firearms
or ammunition for damages resulting from the misuse of their products
by others.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Lawful Commerce in
Arms Act''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Citizens have a right, protected by the Second
Amendment to the United States Constitution, to keep and bear
arms.
(2) Lawsuits have been commenced against manufacturers,
distributors, dealers, and importers of firearms that operate
as designed and intended, which seek money damages and other
relief for the harm caused by the misuse of firearms by third
parties, including criminals.
(3) The manufacture, importation, possession, sale, and use
of firearms and ammunition in the United States are heavily
regulated by Federal, State, and local laws. Such Federal laws
include the Gun Control Act of 1968, the National Firearms Act,
and the Arms Export Control Act.
(4) Businesses in the United States that are engaged in
interstate and foreign commerce through the lawful design,
manufacture, marketing, distribution, importation, or sale to
the public of firearms or ammunition that has been shipped or
transported in interstate or foreign commerce are not, and
should not, be liable for the harm caused by those who
criminally or unlawfully misuse firearm products or ammunition
products that function as designed and intended.
(5) The possibility of imposing liability on an entire
industry for harm that is solely caused by others is an abuse
of the legal system, erodes public confidence in our Nation's
laws, threatens the diminution of a basic constitutional right
and civil liberty, invites the disassembly and destabilization
of other industries and economic sectors lawfully competing in
the free enterprise system of the United States, and
constitutes an unreasonable burden on interstate and foreign
commerce of the United States.
(6) The liability actions commenced or contemplated by the
Federal Government, States, municipalities, and private
interest groups are based on theories without foundation in
hundreds of years of the common law and jurisprudence of the
United States and do not represent a bona fide expansion of the
common law. The possible sustaining of these actions by a
maverick judicial officer or petit jury would expand civil
liability in a manner never contemplated by the Framers of the
Constitution, by the Congress, or by the legislatures of the
several states. Such an expansion of liability would constitute
a deprivation of the rights, privileges, and immunities
guaranteed to a citizen of the United States under the
Fourteenth Amendment to the United States Constitution.
(b) Purposes.--The purposes of this Act are as follows:
(1) To prohibit causes of action against manufacturers,
distributors, dealers, and importers of firearms or ammunition
products for the harm caused by the criminal or unlawful misuse
of firearm products or ammunition products by others when the
product functioned as designed and intended.
(2) To preserve a citizen's access to a supply of firearms
and ammunition for all lawful purposes, including hunting,
self-defense, collecting, and competitive or recreational
shooting.
(3) To guarantee a citizen's rights, privileges, and
immunities, as applied to the States, under the Fourteenth
Amendment to the United States Constitution, pursuant to
section 5 of that Amendment.
(4) To prevent the use of such lawsuits to impose
unreasonable burdens on interstate and foreign commerce.
(5) To protect the right, under the First Amendment to the
Constitution, of manufacturers, distributors, dealers, and
importers of firearms or ammunition products, and trade
associations, to speak freely, to assemble peaceably, and to
petition the Government for a redress of their grievances.
SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL LIABILITY ACTIONS IN
FEDERAL OR STATE COURT.
(a) In General.--A qualified civil liability action may not be
brought in any Federal or State court.
(b) Dismissal of Pending Actions.--A qualified civil liability
action that is pending on the date of the enactment of this Act shall
be dismissed immediately by the court in which the action was brought
or is currently pending.
SEC. 4. DEFINITIONS.
In this Act:
(1) Engaged in the business.--The term ``engaged in the
business'' has the meaning given that term in section
921(a)(21) of title 18, United States Code, and, as applied to
a seller of ammunition, means a person who devotes, time,
attention, and labor to the sale of ammunition as a regular
course of trade or business with the principal objective of
livelihood and profit through the sale or distribution of
ammunition.
(2) Manufacturer.--The term ``manufacturer'' means, with
respect to a qualified product, a person who is engaged in the
business of manufacturing the product in interstate or foreign
commerce and who is licensed to engage in business as such a
manufacturer under chapter 44 of title 18, United States Code.
(3) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(4) Qualified product.--The term ``qualified product''
means a firearm (as defined in subparagraph (A) or (B) of
section 921(a)(3) of title 18, United States Code, including
any antique firearm (as defined in section 921(a)(16) of such
title)), or ammunition (as defined in section 921(a)(17) of
such title), or a component part of a firearm or ammunition,
that has been shipped or transported in interstate or foreign
commerce.
(5) Qualified civil liability action.--
(A) In general.--The term ``qualified civil
liability action'' means a civil action brought by any
person against a manufacturer or seller of a qualified
product, or a trade association, for damages or
injunctive relief resulting from the criminal or
unlawful misuse of a qualified product by the person or
a third party, but shall not include--
(i) an action brought against a transferor
convicted under section 924(h) of title 18,
United States Code, or a comparable or
identical State felony law, by a party directly
harmed by the conduct of which the transferee
is so convicted;
(ii) an action brought against a seller for
negligent entrustment or negligence per se;
(iii) an action in which a manufacturer or
seller of a qualified product knowingly and
willfully violated a State or Federal statute
applicable to the sale or marketing of the
product, and the violation was a proximate
cause of the harm for which relief is sought;
(iv) an action for breach of contract or
warranty in connection with the purchase of the
product; or
(v) an action for physical injuries or
property damage resulting directly from a
defect in design or manufacture of the product,
when used as intended.
(B) Negligent entrustment.--In subparagraph
(A)(ii), the term ``negligent entrustment'' means the
supplying of a qualified product by a seller for use by
another person when the seller knows or should know the
person to whom the product is supplied is likely to use
the product, and in fact does use the product, in a
manner involving unreasonable risk of physical injury
to the person and others.
(6) Seller.--The term ``seller'' means, with respect to a
qualified product--
(A) an importer (as defined in section 921(a)(9) of
title 18, United States Code) who is engaged in the
business as such an importer in interstate or foreign
commerce and who is licensed to engage in business as
such an importer under chapter 44 of title 18, United
States Code;
(B) a dealer (as defined in section 921(a)(11) of
title 18, United States Code) who is engaged in the
business as such a dealer in interstate or foreign
commerce and who is licensed to engage in business as
such a dealer under chapter 44 of title 18, United
States Code; or
(C) a person engaged in the business of selling
ammunition (as defined in section 921(a)(17) of title
18, United States Code) in interstate or foreign
commerce at the wholesale or retail level, consistent
with Federal, State, and local law.
(7) State.--The term ``State'' includes each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands,
and any other territory or possession of the United States, and
any political subdivision of any such place.
(8) Trade association.--The term ``trade association''
means any association or business organization (whether or not
incorporated under Federal or State law) that is not operated
for profit, and 2 or more members of which are manufacturers or
sellers of a qualified product.
Union Calendar No. 37
108th CONGRESS
1st Session
H. R. 1036
[Report No. 108-59]
Rule___________________________________________________________________
Other Popular 108th Congressional Bills Documents:
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