Protection of Lawful Commerce in Arms Act

Protection of Lawful Commerce in Arms Act - Prohibits in any Federal or State court a civil liability action brought by any person against a manufacturer or seller of a qualified product (firearm or ammunition), or a trade association, for damages resulting from the criminal or unlawful misuse of such product by the person or a third party. Requires immediate dismissal of any such action pending on the date of enactment of this Act. Excludes from such prohibition (thus allows) any action: (1) brought against a transferor convicted under Federal or State law by a party directly harmed by the conduct of which the transferee is so convicted; (2) brought against a seller for negligent entrustment or negligence per se; (3) where 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; (4) for breach of contract or warranty in connection with the purchase of the product; or (5) for physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended.

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2037 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2037

  To amend the Act establishing the Department of Commerce to protect 
manufacturers and sellers in the firearms and ammunition industry from 
            restrictions on interstate or foreign commerce.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2001

   Mr. Stearns (for himself, Mr. Aderholt, Mr. Baca, Mr. Bachus, Mr. 
 Ballenger, Mr. Barcia, Mr. Barr of Georgia, Mr. Bartlett of Maryland, 
Mr. Barton of Texas, Mr. Bass, Mr. Bishop, Mr. Blunt, Mr. Boucher, Mr. 
 Brown of South Carolina, Mr. Bryant, Mr. Burr of North Carolina, Mr. 
Burton of Indiana, Mr. Buyer, Mr. Calvert, Mr. Cannon, Mr. Cantor, Mr. 
Carson of Oklahoma, Mr. Chabot, Mr. Cramer, Mr. Crane, Mrs. Cubin, Mr. 
 Culberson, Mr. Cunningham, Mrs. Jo Ann Davis of Virginia, Mr. DeLay, 
    Mr. DeMint, Mr. Dingell, Mr. Doolittle, Mr. Flake, Mr. Lucas of 
   Oklahoma, Mr. Gibbons, Mr. Goode, Mr. Goodlatte, Mr. Graham, Mr. 
Graves, Mr. Hall of Texas, Mr. Hansen, Ms. Hart, Mr. Hayes, Mr. Hefley, 
Mr. Herger, Mr. Hilleary, Mr. Holden, Mr. Hunter, Mr. Issa, Mr. Istook, 
Mr. Jenkins, Mr. John, Mr. Johnson of Illinois, Mr. Keller, Mr. Kerns, 
  Mr. Largent, Mr. Lucas of Kentucky, Mr. Manzullo, Mr. Matheson, Mr. 
 Gary G. Miller of California, Mr. Ney, Mr. Norwood, Mr. Oberstar, Mr. 
  Otter, Mr. Pence, Mr. Peterson of Pennsylvania, Mr. Pickering, Mr. 
Pitts, Mr. Radanovich, Mr. Rahall, Mr. Rehberg, Mr. Rogers of Michigan, 
 Mr. Ross, Mr. Ryan of Wisconsin, Mr. Ryun of Kansas, Mr. Sandlin, Mr. 
 Schaffer, Mr. Schrock, Mr. Sensenbrenner, Mr. Sessions, Mr. Shadegg, 
  Mr. Shimkus, Mr. Shows, Mr. Shuster, Mr. Simmons, Mr. Simpson, Mr. 
 Skeen, Mr. Smith of Texas, Mr. Souder, Mr. Stenholm, Mr. Strickland, 
   Mr. Sununu, Mr. Taylor of Mississippi, Mr. Terry, Mr. Tiahrt, Mr. 
Traficant, Mr. Walden, Mr. Jones of North Carolina, Mr. Whitfield, Mr. 
 Wicker, and Mr. Young of Alaska) introduced the following bill; which 
 was referred to the Committee on Energy and Commerce, and in addition 
  to the Committee on the Judiciary, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Act establishing the Department of Commerce to protect 
manufacturers and sellers in the firearms and ammunition industry from 
            restrictions on interstate or foreign commerce.

    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. AMENDMENT TO ORGANIC ACT.

    The Act entitled ``An Act to establish the Department of Commerce 
and Labor'', approved February 14, 1903 (15 U.S.C. 1501 et seq.), is 
amended by redesignating section 13 as section 14 and by inserting 
after section 12 the following:

``SEC. 13. RESTRICTION ON COMMERCE.

    ``(a) Secretary of Commerce List.--The Secretary of Commerce shall 
establish and maintain a list consisting of each person that notifies 
the Secretary under subsection (b) that it is a manufacturer or seller 
in interstate or foreign commerce of a firearm or ammunition product or 
is a trade association representing such manufacturers or sellers. The 
list shall contain the name of the person, the chief executive officer 
of the person, and the address and location of the headquarters of the 
person. The Secretary shall maintain and update the list and may 
publish the list in the Federal Register.
    ``(b) Notification.--Each person that--
            ``(1) is a manufacturer in interstate or foreign commerce 
        of a firearm or ammunition product, and is licensed to engage 
        in business as such manufacturer to the extent required under 
        chapter 44 of title 18, United States Code,
            ``(2) is a seller in interstate or foreign commerce of a 
        firearm or ammunition product, and is licensed to engage in 
        business as such seller to the extent required under chapter 44 
        of title 18, United States Code, or
            ``(3) is a trade association representing such 
        manufacturers or sellers,
 may notify the Secretary of its existence and provide to the Secretary 
the information described in subsection (a).
    ``(c) Freedom From Restriction.--Conduct that--
            ``(1) is carried out by a manufacturer in interstate or 
        foreign commerce of a firearm or ammunition product, involves 
        such firearm or ammunition product, and is described in 
        paragraph (4) of subsection (d),
            ``(2) is carried out by a seller in interstate or foreign 
        commerce of a firearm or ammunition product, involves a firearm 
        or ammunition product, and is described in paragraph (6) of 
        subsection (d), or
            ``(3) is carried out by a trade association in the course 
        of organizing, advising, or representing its members who are 
        manufacturers in interstate or foreign commerce of a firearm or 
        ammunition product, or who are sellers in interstate or foreign 
        commerce of a firearm or ammunition product, with respect to 
        conduct of such manufacturers or sellers described  in 
paragraph (4) or (6) of subsection (d), as the case may be,
and that is lawful under chapter 44 of title 18, United States Code, or 
under applicable State law, shall not be a basis for imposing a 
restriction on interstate or foreign commerce on a person on the list 
described in subsection (a) as a result of harm caused by the criminal 
or other unlawful misuse of such firearm or ammunition product by any 
other person.
    ``(d) Definitions.--In this section:
            ``(1) Ammunition product.--The term `ammunition product' 
        means `ammunition' as defined in section 921(a)(17) of title 
        18, United States Code, and includes a component part of such 
        ammunition product that has been shipped or transported in 
        interstate or foreign commerce.
            ``(2) Firearm product.--The term `firearm product' means 
        `firearm' as defined in section 921(a)(3) of title 18, United 
        States Code, and includes a component part of such a firearm 
        that has been shipped or transported in interstate or foreign 
        commerce.
            ``(3) Interstate or foreign commerce.--The term `interstate 
        or foreign commerce' has the meaning given that term in section 
        921(a)(2) of title 18, United States Code.
            ``(4) Manufacturer.--The term `manufacturer in interstate 
        or foreign commerce of a firearm or ammunition product' means--
                    ``(A) a person who, in the course of a business in 
                interstate or foreign commerce to import, make, 
                produce, create, assemble, design, or formulate a 
                firearm or ammunition product, imports, makes, 
                produces, creates, assembles, designs, or formulates a 
                firearm or ammunition product, or engages another 
                person to import, make, produce, create, assemble, 
                design, or formulate a firearm or ammunition product;
                    ``(B) a seller in interstate or foreign commerce of 
                a firearm or ammunition product made by another person, 
                but only with respect to an aspect of the firearm or 
                ammunition product that the seller makes, produces, 
                creates, assembles, designs, or formulates; and
                    ``(C) any seller in interstate or foreign commerce 
                of a firearm or ammunition product on which, or on the 
                packaging of which, the seller is also represented as 
                the manufacturer of the firearm or ammunition product.
            ``(5) Restriction on interstate or foreign commerce.--The 
        term `restriction on interstate or foreign commerce'--
                    ``(A) means--
                            ``(i) civil damages or equitable relief, or
                            ``(ii) any other limitation or condition,
                awarded or ordered by a Federal, State, or local court, 
                that restricts the ability of a person listed under 
                subsection (a) to freely engage in interstate or 
                foreign commerce with respect to firearm or ammunition 
                products, or of a trade association listed under 
                subsection (a) to freely engage in lawful activities on 
                behalf of its membership; and
                    ``(B) does not include any damages, equitable 
                relief, or other limitation or condition arising from--
                            ``(i) breach of contract or warranty in 
                        connection with the purchase of a firearm or 
                        ammunition product; or
                            ``(ii) physical injuries or property damage 
                        resulting directly from the failure to function 
                        or improper functioning of a firearm or 
                        ammunition product, when used as intended, due 
                        to a defect in design or manufacture.
            ``(6) Seller.--The term `seller in interstate or foreign 
        commerce of a firearm or ammunition product' means a person 
        who--
                    ``(A) in the course of a business conducted in 
                interstate or foreign commerce for such purpose, sells, 
                distributes, rents, leases, prepares, blends, packages, 
                labels, or otherwise is involved in placing a firearm 
                or ammunition product in the stream of commerce; or
                    ``(B) in the course of a business conducted in 
                interstate or foreign commerce for such purpose, 
                installs, repairs, refurbishes, reconditions, or 
                maintains an aspect of a firearm or ammunition product.
            ``(7) State.--The term `State' includes the District of 
        Columbia, the Commonwealth of Puerto Rico, and any territory of 
        possession of the United States.
            ``(8) Trade association.--The term `trade association' 
        means any association or business organization (whether or not 
        incorporated under the laws of any State), 2 or more members of 
        which are manufacturers or sellers in interstate or foreign 
        commerce of a firearm or ammunition product.''.
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