House Votes to Protect Second Amendment

House Votes to Protect Second Amendment

Washington, D.C. - Idaho Congressmen Mike Simpson and C.L. "Butch" Otter helped the House give final congressional approval on Thursday to Senator Larry Craig's legislation protecting against efforts to deny Americans their Second Amendment right to bear arms.

The Protection of Lawful Commerce in Arms Act, S. 397, is bipartisan, common-sense legislation that takes an important step toward preventing reckless lawsuits targeting the firearms industry. Such misguided claims against the legal manufacture and sale of firearms and ammunition are akin to suing General Motors for criminal acts involving Buicks - it just doesn't make sense.

"Passage of this legislation marks a turning point in legal reform," Senator Craig said in welcoming the House vote. "Congress has stood up for common sense and said that a law-abiding business owner is not responsible for the misuse of his or her product by a third party. Shysters who think they can abuse the court system with baseless, predatory lawsuits should be shaking in their boots, because I expect this is just the first of a number of bills that will eat away at their gravy train."

The Senate earlier passed S. 397 on a vote of 65-31. Thursday's House vote was 283-144.

The bill provides protection for those in the firearms industry from lawsuits arising from the acts of people who criminally or unlawfully misuse their products. The bill preserves citizen access to firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting and competitive or recreational shooting.

Lawsuits still could be filed against a person who transfers a firearm or ammunition knowing that it will be used to commit a crime of violence or a drug-trafficking crime, or a comparable or identical state felony; a seller for negligence; a firearms dealer who fails to maintain required inventory lists necessary to ensure they are alerted to any firearms thefts; a seller for breach of contract or warranty; or a manufacturer for damages resulting directly from a design defect.

"Sadly, our nation's tort system has become more a way to unjustly transfer wealth than fairly compensate those harmed by the negligence or wrong-doing of others," Congressman Simpson said. "The passage of this important legislation will not only take a much-needed step forward in reforming our nation's legal system but will also prevent gun-control advocates from bankrupting firearms dealers and manufacturers in their efforts to undermine the Second Amendment to the U.S. Constitution. I am pleased Congress has passed these protections and I look forward to seeing Senator Craig's bill signed into law."

"This bill is a key element of our effort to bring some sanity to what's become a thriving personal injury industry in this country," Congressman Otter said. "Americans understand that suing legitimate firearms manufacturers and dealers out of existence won't stop criminal gun violence. But trial lawyers are eager to cash in on the pain of victims, and criminals rarely have deep pockets. This puts the responsibility where it belongs."

http://www.house.gov/apps/list/press/id02_simpson/craig_guns.html