I

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
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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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Protection of Lawful

5 Commerce in Arms Act’’.

6 SEC 2. AMENDMENT TO ORGANIC ACT.

7 The Act entitled ‘‘An Act to establish the Department

8 of Commerce and Labor’’, approved February 14, 1903

9 (15 U.S.C. 1501 et seq.), is amended by redesignating sec10 tion 13 as section 14 and by inserting after section 12

11 the following:

12 ‘‘SEC. 13. RESTRICTION ON COMMERCE.

13 ‘‘(a) SECRETARY OF COMMERCE LIST.—The Sec14 retary of Commerce shall establish and maintain a list

15 consisting of each person that notifies the Secretary under

16 subsection (b) that it is a manufacturer or seller in inter17 state or foreign commerce of a firearm or ammunition

18 product or is a trade association representing such manu19 facturers or sellers. The list shall contain the name of the

20 person, the chief executive officer of the person, and the

21 address and location of the headquarters of the person.
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1 The Secretary shall maintain and update the list and may

2 publish the list in the Federal Register.

3 ‘‘(b) NOTIFICATION.—Each person that—

4 ‘‘(1) is a manufacturer in interstate or foreign

5 commerce of a firearm or ammunition product, and

6 is licensed to engage in business as such manufac7 turer to the extent required under chapter 44 of title

8 18, United States Code,

9 ‘‘(2) is a seller in interstate or foreign com10 merce of a firearm or ammunition product, and is li11 censed to engage in business as such seller to the ex12 tent required under chapter 44 of title 18, United

13 States Code, or

14 ‘‘(3) is a trade association representing such

15 manufacturers or sellers,

16 may notify the Secretary of its existence and provide to

17 the Secretary the information described in subsection (a).

18 ‘‘(c) FREEDOM FROM RESTRICTION.—Conduct

19 that—

20 ‘‘(1) is carried out by a manufacturer in inter21 state or foreign commerce of a firearm or ammuni22 tion product, involves such firearm or ammunition

23 product, and is described in paragraph (4) of sub24 section (d),
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1 ‘‘(2) is carried out by a seller in interstate or

2 foreign commerce of a firearm or ammunition prod3 uct, involves a firearm or ammunition product, and

4 is described in paragraph (6) of subsection (d), or

5 ‘‘(3) is carried out by a trade association in the

6 course of organizing, advising, or representing its

7 members who are manufacturers in interstate or for8 eign commerce of a firearm or ammunition product,

9 or who are sellers in interstate or foreign commerce

10 of a firearm or ammunition product, with respect to

11 conduct of such manufacturers or sellers described

12 in paragraph (4) or (6) of subsection (d), as the case

13 may be,

14 and that is lawful under chapter 44 of title 18, United

15 States Code, or under applicable State law, shall not be

16 a basis for imposing a restriction on interstate or foreign

17 commerce on a person on the list described in subsection

18 (a) as a result of harm caused by the criminal or other

19 unlawful misuse of such firearm or ammunition product

20 by any other person.

21 ‘‘(d) DEFINITIONS.—In this section:

22 ‘‘(1) AMMUNITION PRODUCT.—The term ‘am23 munition product’ means ‘ammunition’ as defined in

24 section 921(a)(17) of title 18, United States Code,

25 and includes a component part of such ammunition
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1 product that has been shipped or transported in

2 interstate or foreign commerce.

3 ‘‘(2) FIREARM PRODUCT.—The term ‘firearm

4 product’ means ‘firearm’ as defined in section

5 921(a)(3) of title 18, United States Code, and in6 cludes a component part of such a firearm that has

7 been shipped or transported in interstate or foreign

8 commerce.

9 ‘‘(3) INTERSTATE OR FOREIGN COMMERCE.—

10 The term ‘interstate or foreign commerce’ has the

11 meaning given that term in section 921(a)(2) of title

12 18, United States Code.

13 ‘‘(4) MANUFACTURER.—The term ‘manufac14 turer in interstate or foreign commerce of a firearm

15 or ammunition product’ means—

16 ‘‘(A) a person who, in the course of a busi17 ness in interstate or foreign commerce to im18 port, make, produce, create, assemble, design,

19 or formulate a firearm or ammunition product,

20 imports, makes, produces, creates, assembles,

21 designs, or formulates a firearm or ammunition

22 product, or engages another person to import,

23 make, produce, create, assemble, design, or for24 mulate a firearm or ammunition product;
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1 ‘‘(B) a seller in interstate or foreign com2 merce of a firearm or ammunition product

3 made by another person, but only with respect

4 to an aspect of the firearm or ammunition

5 product that the seller makes, produces, cre6 ates, assembles, designs, or formulates; and

7 ‘‘(C) any seller in interstate or foreign

8 commerce of a firearm or ammunition product

9 on which, or on the packaging of which, the

10 seller is also represented as the manufacturer of

11 the firearm or ammunition product.

12 ‘‘(5) RESTRICTION ON INTERSTATE OR FOR13 EIGN COMMERCE.—The term ‘restriction on inter14 state or foreign commerce’—

15 ‘‘(A) means—

16 ‘‘(i) civil damages or equitable relief,

17 or

18 ‘‘(ii) any other limitation or condition,

19 awarded or ordered by a Federal, State, or local

20 court, that restricts the ability of a person list21 ed under subsection (a) to freely engage in

22 interstate or foreign commerce with respect to

23 firearm or ammunition products, or of a trade

24 association listed under subsection (a) to freely
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1 engage in lawful activities on behalf of its mem2 bership; and

3 ‘‘(B) does not include any damages, equi4 table relief, or other limitation or condition aris5 ing from—

6 ‘‘(i) breach of contract or warranty in

7 connection with the purchase of a firearm

8 or ammunition product; or

9 ‘‘(ii) physical injuries or property

10 damage resulting directly from the failure

11 to function or improper functioning of a

12 firearm or ammunition product, when used

13 as intended, due to a defect in design or

14 manufacture.

15 ‘‘(6) SELLER.—The term ‘seller in interstate or

16 foreign commerce of a firearm or ammunition prod17 uct’ means a person who—

18 ‘‘(A) in the course of a business conducted

19 in interstate or foreign commerce for such pur20 pose, sells, distributes, rents, leases, prepares,

21 blends, packages, labels, or otherwise is involved

22 in placing a firearm or ammunition product in

23 the stream of commerce; or

24 ‘‘(B) in the course of a business conducted

25 in interstate or foreign commerce for such pur-
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1 pose, installs, repairs, refurbishes, reconditions,

2 or maintains an aspect of a firearm or ammuni3 tion product.

4 ‘‘(7) STATE.—The term ‘State’ includes the

5 District of Columbia, the Commonwealth of Puerto

6 Rico, and any territory of possession of the United

7 States.

8 ‘‘(8) TRADE ASSOCIATION.—The term ‘trade

9 association’ means any association or business orga10 nization (whether or not incorporated under the laws

11 of any State), 2 or more members of which are man12 ufacturers or sellers in interstate or foreign com13 merce of a firearm or ammunition product.’’.

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