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Senate Passes Landmark Legislation Affecting Gun Owners





NEWTOWN, Conn.—Ending a backdoor attempt to subvert our 2nd Amendment rights through politically motivated “junk” lawsuits, the Senate today passed the Protection of Lawful Commerce in Arms Act, a landmark victory for the firearms industry and gun owners everywhere.

With passage in the Senate, this legislation is expected to quickly pass the House. President Bush has said he’ll sign the bill when it reaches his desk. The new law will block wrongful civil liability lawsuits—an ongoing scheme to litigate firearms manufacturers into bankruptcy—promoted by anti-gun organizations.

“I want to thank the many individuals and publications in the outdoor media for the tremendous job they did in making their readers aware of the seriousness of the threat to the firearms industry from these predatory lawsuits. Your call to action helped remind millions of hunters, shooters and gun owners across the nation of the importance of protecting their passion and beliefs,” said Doug Painter, president of the National Shooting Sports Foundation.

The support in gaining passage of this bill from every hunter-supported organization in the country also underscored the threat these lawsuits posed to hunting and wildlife management programs. Since 1937, the firearms and ammunition industry has provided billions of dollars in support of critical conservation programs through Federal Aid in Wildlife Restoration Act.

“The conservation community clearly understood that an attack on the firearms industry was also an attack on the future of hunting and wildlife conservation,” said Painter.

Since 1998 more than 30 lawsuits have been filed against the makers and sellers of firearms by anti-gun organizations and politicians. The Senate’s landmark bill provides protection for manufacturers, distributors, retailers and importers of all legally sold firearms and ammunition. Even though 30 states have passed similar legislation, the federal measure will provide the full protection sought by the firearms industry, nullify pending suits and prevent future illegitimate lawsuits from being filed.

Realizing that any industry, not just the firearms industry, could be the target of such harassing civil liability lawsuits, America’s business community weighed in strongly for the bill, with letters of support coming from the National Association of Manufacturers, U.S. Chamber of Commerce, National Federation of Independent Businesses, National Association of Wholesalers-Distributors, National Association of Sporting Goods Wholesalers, United Mine Workers of America and other business groups and unions. The Department of Defense also encouraged passage of the bill because of national security concerns.

Opponents of the bill have attempted to scare the public into thinking it loses the right to file civil liability actions, but the bill’s language is very clear on the subject, allowing legitimate lawsuits to be filed against companies that sell defective products or against firearms dealers who break the law.

Several amendments put forth by opponents that were intended to "gut" the bill were defeated. Approved amendments included one introduced by Senator Herbert Kohl (D-Wisconsin) that requires firearms dealers provide a "secure gun storage or safety device" with every handgun transferred to a customer. This is already a common practice, as nearly all new firearms are shipped from the factory with a safety device, so the new measure would apply mainly to used handguns. Two amendments sponsored by Senators Larry Craig (R-Idaho) and Majority Leader Bill Frist (R-Tennessee) were approved. One allows children to bring lawsuits if they meet certain exceptions in the legislation. The other provides for harsher penalties for criminals who use armor-piercing ammunition against police officers. Another amendment clarifies that the bill does not hinder the Bureau of Alcohol, Tobacco, Firearms and Explosives from enforcing firearms laws.

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