IB

Union Calendar No. 456

107TH CONGRESS

2D SESSION H. R. 2037

[Report No. 107–727, Parts I and II]

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
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to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

OCTOBER 7, 2002

Reported from the Committee on Energy and Commerce with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

OCTOBER 7, 2002

Referral to the Committee on the Judiciary extended for a period ending not

later than October 8, 2002

OCTOBER 8, 2002

Additional sponsors: Mr. VITTER, Mr. KNOLLENBERG, Mr. DUNCAN, Mr.

ISAKSON, Mr. RILEY, Mr. LEWIS of Kentucky, Mr. PHELPS, Mr. POMBO,

Mr. GILLMOR, Mr. BOEHNER, Mr. STUMP, Mr. HAYWORTH, Mr. COBLE,

Mr. WATKINS, Mr. BRADY of Texas, Mr. GUTKNECHT, Mr. WELDON of

Florida, Mr. HASTINGS of Washington, Mr. AKIN, Mr. MCINNIS, Mr.

NETHERCUTT, Mr. PETERSON of Minnesota, Mr. LEWIS of California,

Mr. PUTNAM, Mr. MASCARA, Mr. FLETCHER, Mr. BERRY, Mr.

COSTELLO, Mr. HULSHOF, Mr. WAMP, Mr. MOLLOHAN, Mr. TAUZIN, Mr.

MCKEON, Mr. TANCREDO, Mrs. CAPITO, Mr. GANSKE, Mr. HOBSON, Mr.

COLLINS, Mr. MCHUGH, Mr. CAMP, Mr. UPTON, Mr. SKELTON, Mr.

OXLEY, Mrs. EMERSON, Mr. BAKER, Mr. CHAMBLISS, Mr. TOOMEY, Mr.

SCARBOROUGH, Mr. ARMEY, Mr. KINGSTON, Mr. MCCRERY, Mr.

ENGLISH, Mr. MORAN of Kansas, Mrs. MYRICK, Mr. WATTS of Oklahoma, Mr. KENNEDY of Minnesota, Mr. EVERETT, Mr. FORBES, Mr.

GEKAS, Mr. TAYLOR of North Carolina, Mr. THOMAS, Mr. REYNOLDS,

Mr. HOEKSTRA, Mr. SAXTON, Mr. BOEHLERT, Mr. MCINTYRE, Mr. TOM

DAVIS of Virginia, Mr. OSBORNE, Mrs. BONO, Mr. THOMPSON of California, Mr. GORDON, Mr. WOLF, Mr. THUNE, Mr. SWEENEY, Mr.

LATHAM, Mr. GALLEGLY, Mr. LAHOOD, Mrs. BIGGERT, Mr. LINDER,

Mr. PORTMAN, Mr. COX, Mr. BOYD, Mr. JEFF MILLER of Florida, Mr.

COMBEST, Mr. ROHRABACHER, Mr. PLATTS, Mrs. THURMAN, Mr. TURNER, Mr. GREENWOOD, Mr. SAM JOHNSON of Texas, Mr. BOOZMAN, Mr.

ORTIZ, Mr. SHERWOOD, Mr. OSE, Mr. KANJORSKI, Mr. MICA, Mr.

BONILLA, Mr. WELDON of Pennsylvania, Mr. ROYCE, Mr. CLEMENT, Mr.

WILSON of South Carolina, Mr. CRENSHAW, Mr. MURTHA, Mr.

LAMPSON, Mr. THORNBERRY, Mr. CALLAHAN, Mr. NUSSLE, Mr.

LOBIONDO, Mr. TANNER, Mr. GREEN of Texas, Mr. DREIER, Mr. HILLIARD, Mr. QUINN, Mr. HILL, Mr. LATOURETTE, Mr. BILIRAKIS, Mr.

SULLIVAN, Mr. EHLERS, Mr. ROGERS of Kentucky, Mr. GOSS, Mrs.

NORTHUP, Ms. GRANGER, Mr. WELLER, Mr. SMITH of Michigan, Mr.

FOLEY, Mr. DEAL of Georgia, Mr. GREEN of Wisconsin, Mr. BOSWELL,

Mr. TIBERI, Mr. LARSEN of Washington, and Ms. PRYCE of Ohio

Deleted sponsor: Mr. SENSENBRENNER (added May 25, 2001; deleted

August 2, 2001)

OCTOBER 8, 2002

Reported from the Committee on the Judiciary with amendments, committed
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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 boldface roman]

[For text of introduced bill, see copy of bill as introduced on May 25, 2001]

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 (15

9 U.S.C. 1501 et seq.), is amended by redesignating section

10 13 as section 14 and by inserting after section 12 the fol11 lowing:

12 ‘‘SEC. 13. RESTRICTION ON COMMERCE.

13 ‘‘(a) SECRETARY OF COMMERCE LIST.—The Secretary

14 of Commerce shall establish and maintain a list consisting

15 of each person that notifies the Secretary under subsection

16 (b) that such person is a licensed manufacturer of a firearm
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1 or an ammunition product, a licensed seller of a firearm,

2 a licensed seller of an ammunition product, or a trade asso3 ciation representing such manufacturers or sellers. The list

4 shall contain the name of the person, the chief executive offi5 cer of the person, and the address and location of the head6 quarters of the person. The Secretary shall maintain and

7 update the list and may publish the list in the Federal Reg8 ister.

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

10 ‘‘(1) is a licensed manufacturer of a firearm or

11 an ammunition product,

12 ‘‘(2) is a licensed seller of a firearm,

13 ‘‘(3) is a licensed seller of an ammunition prod14 uct, or

15 ‘‘(4) is a trade association representing such

16 manufacturers or sellers,

17 may notify the Secretary of that person’s existence and pro18 vide to the Secretary the information described in sub19 section (a).

20 ‘‘(c) FREEDOM FROM RESTRICTION.—Conduct that—

21 ‘‘(1) is carried out by a licensed manufacturer of

22 a firearm or an ammunition product, involves such

23 firearm or ammunition product, and is described in

24 paragraph (5) of subsection (f),
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1 ‘‘(2) is carried out by a licensed seller of a fire2 arm, involves such firearm, and is described in para3 graph (7) of subsection (f),

4 ‘‘(3) is carried out by a licensed seller of an am5 munition product, involves such ammunition product,

6 and is described in paragraph (8) of subsection (f), or

7 ‘‘(4) is carried out by a trade association in the

8 course of organizing, advising, or representing its

9 members who are manufacturers of a firearm or an

10 ammunition product, sellers of a firearm, or sellers of

11 an ammunition product, with respect to conduct of

12 such manufacturers or sellers described in paragraph

13 (5), (7), or (8) of subsection (f), as the case may be,

14 and that is lawful under applicable Federal, State, or local

15 law, shall not be a basis for imposing a restriction on inter16 state or foreign commerce on a person on the list described

17 in subsection (a) as a result of harm caused by the criminal,

18 suicidal, negligent, or other unlawful misuse of any such

19 firearm or ammunition product by any other person.

20 ‘‘(d) ABSENCE FROM LIST.—The absence from the list

21 maintained under this section of any person who is a man22 ufacturer of a firearm or an ammunition product, a seller

23 of a firearm, or a seller of an ammunition product shall

24 not be construed to create any cause of action or to deprive
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1 such person of any lawful defense that may otherwise be

2 available to such person.

3 ‘‘(e) LIMITATION OF USE OF LIST.—No officer, agency,

4 or instrumentality of the United States may use the list

5 established and maintained under this section for any pur6 pose other than the enforcement of the provisions of this sec7 tion.

8 ‘‘(f) DEFINITIONS.—In this section:

9 ‘‘(1) AMMUNITION PRODUCT.—The term ‘ammu10 nition product’ means ‘ammunition’ as defined in

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

12 includes a component part of such ammunition prod13 uct that has been shipped or transported in interstate

14 or foreign commerce.

15 ‘‘(2) ENGAGED IN THE BUSINESS.—The term

16 ‘engaged in the business’ has the meaning given that

17 term in section 921(a)(21) of title 18, United States

18 Code, and, as applied to a seller of an ammunition

19 product described in paragraph (8)(A)(ii), means a

20 person who devotes, time, attention, and labor to the

21 sale of ammunition products as a regular course of

22 trade or business with the principal objective of liveli23 hood and profit through the sale or distribution of the

24 ammunition products.
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1 ‘‘(3) FIREARM.—The term ‘firearm’ means ‘fire2 arm’ as defined in section 921(a)(3)(A) or (B) of title

3 18, United States Code, and includes—

4 ‘‘(A) any ‘antique firearm’ as defined in

5 section 921(a)(16) of such title; and

6 ‘‘(B) a component part of any firearm de7 scribed in this paragraph that has been shipped

8 or transported in interstate or foreign commerce.

9 ‘‘(4) INTERSTATE OR FOREIGN COMMERCE.—The

10 term ‘interstate or foreign commerce’ has the meaning

11 given that term in section 921(a)(2) of title 18,

12 United States Code.

13 ‘‘(5) MANUFACTURER; LICENSED MANUFAC14 TURER.—

15 ‘‘(A) MANUFACTURER.—The term ‘manufac16 turer of a firearm or an ammunition product’

17 means a ‘manufacturer’ as defined in section

18 921(a)(10) of title 18, United States Code, who

19 is engaged in the business of manufacturing a

20 firearm or an ammunition product in interstate

21 or foreign commerce.

22 ‘‘(B) LICENSED MANUFACTURER.—The term

23 ‘licensed manufacturer of a firearm or an am24 munition product’ means any manufacturer de25 scribed in subparagraph (A) who is licensed
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1 under chapter 44 of title 18, United States Code,

2 to be engaged in the business as such manufac3 turer.

4 ‘‘(6) RESTRICTION ON INTERSTATE OR FOREIGN

5 COMMERCE.—The term ‘restriction on interstate or

6 foreign commerce’—

7 ‘‘(A) means—

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

9 or

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

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

12 court, that restricts the ability of a person on the

13 list established under subsection (a) to freely en14 gage in interstate or foreign commerce with re15 spect to firearms or ammunition products, or of

16 a trade association on the list established under

17 subsection (a) to freely engage in lawful activi18 ties on behalf of its membership; and

19 ‘‘(B) does not include any damages, equi20 table relief, or other limitation or condition aris21 ing from—

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

23 connection with the purchase of a firearm

24 or an ammunition product;
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1 ‘‘(ii) physical injuries or property

2 damage resulting directly from a defect in

3 design or manufacture of a firearm or an

4 ammunition product, when used as in5 tended; or

6 ‘‘(iii) the supplying of a firearm or an

7 ammunition product by a seller of a fire8 arm or seller of an ammunition product for

9 use by another person when the seller knows

10 or should know that the person to whom the

11 product has been supplied is likely to use

12 the product, and in fact does use the prod13 uct, in a manner involving unreasonable

14 risk of physical injury to that person and

15 others.

16 ‘‘(7) SELLER OF A FIREARM; LICENSED SELL17 ER.—

18 ‘‘(A) SELLER.—The term ‘seller of a fire19 arm’ means—

20 ‘‘(i) an importer as defined in section

21 921(a)(9) of title 18, United States Code,

22 with respect to firearms, or

23 ‘‘(ii) a dealer as defined in section

24 921(a)(11) of title 18, United States Code,
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1 who is engaged in the business as such importer

2 or dealer in interstate or foreign commerce.

3 ‘‘(B) LICENSED SELLER.—The term ‘li4 censed seller of a firearm’ means a seller of a

5 firearm who is licensed under chapter 44 of title

6 18, United States Code, to be engaged in the

7 business as an importer or dealer described in

8 subparagraph (A).

9 ‘‘(8) SELLER OF AMMUNITION PRODUCT; LI10 CENSED SELLER.—

11 ‘‘(A) SELLER.—The term ‘seller of an am12 munition product’ means—

13 ‘‘(i) an importer as defined in section

14 921(a)(9) of title 18, United States Code,

15 with respect to ammunition products, who

16 is engaged in the business as such importer

17 in interstate or foreign commerce; or

18 ‘‘(ii) any other person who is engaged

19 in the business of selling ammunition prod20 ucts, including component parts of such

21 ammunition products, in interstate or for22 eign commerce at the wholesale or retail

23 level, consistent with Federal, State, and

24 local law.
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1 ‘‘(B) LICENSED SELLER.—The term ‘li2 censed seller of an ammunition product’

3 means—

4 ‘‘(i) an importer described in clause (i)

5 of subparagraph (A) who is licensed to be

6 engaged in the business as such an importer

7 under chapter 44 of title 18, United States

8 Code; and

9 ‘‘(ii) any other person described in

10 clause (ii) of subparagraph (A) who has met

11 all applicable requirements under Federal,

12 State, or local law to be licensed to be en13 gaged in the business as a seller described in

14 that clause.

15 ‘‘(9) STATE.—The term ‘State’ includes the Dis16 trict of Columbia, the Commonwealth of Puerto Rico,

17 and any territory of possession of the United States.

18 ‘‘(10) TRADE ASSOCIATION.—The term ‘trade as19 sociation’ means any association or business organi20 zation (whether or not incorporated under the laws of

21 any State) that is not operated for profit, and 2 or

22 more members of which are manufacturers of a fire23 arm or an ammunition product, sellers of a firearm,

24 or sellers of an ammunition product.’’.
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Protection

3 of Lawful Commerce in Arms Act’’.

4 SEC. 2. FINDINGS; PURPOSES.

5 (a) FINDINGS.—The Congress finds the fol6 lowing:

7 (1) Citizens have a right, under the

8 Second Amendment to the United States

9 Constitution, to keep and bear arms.

10 (2) Lawsuits have been commenced

11 against manufacturers, distributors, deal12 ers, and importers of nondefective fire13 arms, which seek money damages and

14 other relief for the harm caused by the

15 misuse of firearms by third parties, in16 cluding criminals.

17 (3) The manufacture, importation,

18 possession, sale, and use of firearms and

19 ammunition in the United States is heav20 ily regulated by Federal, State, and local

21 laws. Such Federal laws include the Gun

22 Control Act of 1968, the National Fire23 arms Act, and the Arms Export Control

24 Act.

25 (4) Businesses in the United States

26 that are engaged in interstate and for-
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1 eign commerce through the lawful de2 sign, marketing, distribution, manufac3 ture, importation, or sale to the public of

4 firearms or ammunition that have been

5 shipped or transported in interstate or

6 foreign commerce are not, and should not

7 be, liable for the harm caused by those

8 who criminally or unlawfully misuse fire9 arm products or ammunition products.

10 (5) The possibility of imposing liabil11 ity on an entire industry for harm that is

12 the sole responsibility of others is an

13 abuse of the legal system, erodes public

14 confidence in our Nation’s laws, threat15 ens the diminution of a basic constitu16 tional right, invites the disassembly and

17 destabilization of other industries and

18 economic sectors lawfully competing in

19 America’s free enterprise system, and

20 constitutes an unreasonable burden on

21 interstate and foreign commerce.

22 (6) The liability actions commenced

23 or contemplated by municipalities and

24 cities are based on theories without foun25 dation in hundreds of years of the com-
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1 mon law and American jurisprudence.

2 The possible sustaining of these actions

3 by a maverick judicial officer would ex4 pand civil liability in a manner never

5 contemplated by the Framers of the Con6 stitution. The Congress further finds that

7 such an expansion of liability would con8 stitute a deprivation of the rights, privi9 leges, and immunities guaranteed to a

10 citizen of the United States under the

11 Fourteenth Amendment to the United

12 States Constitution.

13 (b) PURPOSES.—The purposes of this Act

14 are as follows:

15 (1) To prohibit causes of action

16 against manufacturers, distributors, deal17 ers, and importers of firearms or ammu18 nition products for the harm caused by

19 the criminal or unlawful misuse of fire20 arm products or ammunition products by

21 others.

22 (2) To preserve a citizen’s access to a

23 supply of firearms and ammunition for

24 all lawful purposes, including hunting,
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1 self-defense, collecting, and competitive

2 or recreational shooting.

3 (3) To guarantee a citizen’s rights,

4 privileges, and immunities, as applied to

5 the States, under the Fourteenth Amend6 ment to the United States Constitution,

7 pursuant to section five of that Amend8 ment.

9 (4) To prevent the use of such law10 suits to impose unreasonable burdens on

11 interstate and foreign commerce.

12 SEC. 3. PROHIBITION ON BRINGING OF QUALIFIED CIVIL

13 LIABILITY ACTIONS IN FEDERAL OR STATE

14 COURT.

15 (a) IN GENERAL.—A qualified civil liability

16 action may not be brought in any Federal or

17 State court.

18 (b) DISMISSAL OF PENDING ACTIONS.—A

19 qualified civil liability action that is pending

20 on the date of the enactment of this Act shall

21 be dismissed immediately by the court in

22 which the action was brought.

23 SEC. 4. DEFINITIONS.

24 In this Act:
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1 (1) ENGAGED IN THE BUSINESS.—The

2 term ‘‘engaged in the business’’ has the

3 meaning given that term in section

4 921(a)(21) of title 18, United States Code,

5 and, as applied to a seller of ammunition,

6 means a person who devotes, time, atten7 tion, and labor to the sale of ammunition

8 as a regular course of trade or business

9 with the principal objective of livelihood

10 and profit through the sale or distribu11 tion of ammunition.

12 (2) MANUFACTURER.—The term ‘‘manu13 facturer’’ means, with respect to a quali14 fied product, a person who is engaged in

15 the business of manufacturing the prod16 uct in interstate or foreign commerce and

17 who is licensed to engage in business as

18 such a manufacturer under chapter 44 of

19 title 18, United States Code.

20 (3) PERSON.—The term ‘‘person’’

21 means any individual, corporation, com22 pany, association, firm, partnership, soci23 ety, joint stock company, or any other en24 tity, including any governmental entity.
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1 (4) QUALIFIED PRODUCT.—The term

2 ‘‘qualified product’’ means a firearm (as

3 defined in subparagraph (A) or (B) of sec4 tion 921(a)(3) of title 18, United States

5 Code, including any antique firearm (as

6 defined in section 921(a)(16) of such

7 title)), or ammunition (as defined in sec8 tion 921(a)(17) of such title), or a compo9 nent part of a firearm or ammunition,

10 that has been shipped or transported in

11 interstate or foreign commerce.

12 (5) QUALIFIED CIVIL LIABILITY ACTION.—

13 (A) IN GENERAL.—The term ‘‘quali14 fied civil liability action’’ means a

15 civil action brought by any person

16 against a manufacturer or seller of a

17 qualified product, or a trade associa18 tion, for damages resulting from the

19 criminal or unlawful misuse of a

20 qualified product by the person or a

21 third party, but shall not include—

22 (i) an action brought against a

23 transferor convicted under sec24 tion 924(h) of title 18, United

25 States Code, or a comparable or
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1 identical State felony law, by a

2 party directly harmed by the con3 duct of which the transferee is so

4 convicted;

5 (ii) an action brought against

6 a seller for negligent entrustment

7 or negligence per se;

8 (iii) an action where a manu9 facturer or seller of a qualified

10 product knowingly and willfully

11 violated a State or Federal statute

12 applicable to the sale or mar13 keting of the product, and the vio14 lation was a proximate cause of

15 the harm for which relief is

16 sought;

17 (iv) an action for breach of

18 contract or warranty in connec19 tion with the purchase of the

20 product; or

21 (v) an action for physical inju22 ries or property damage resulting

23 directly from a defect in design or

24 manufacture of the product, when

25 used as intended.
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1 (B) NEGLIGENT ENTRUSTMENT.—In

2 subparagraph (A)(ii), the term ‘‘neg3 ligent entrustment’’ means the sup4 plying of a qualified product by a sell5 er for use by another person when

6 the seller knows or should know the

7 person to whom the product is sup8 plied is likely to use the product, and

9 in fact does use the product, in a

10 manner involving unreasonable risk

11 of physical injury to the person and

12 others.

13 (6) SELLER.—The term ‘‘seller’’ means,

14 with respect to a qualified product—

15 (A) an importer (as defined in sec16 tion 921(a)(9) of title 18, United States

17 Code) who is engaged in the business

18 as such an importer in interstate or

19 foreign commerce and who is li20 censed to engage in business as such

21 an importer under chapter 44 of title

22 18, United States Code;

23 (B) a dealer (as defined in section

24 921(a)(11) of title 18, United States

25 Code) who is engaged in the business
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1 as such a dealer in interstate or for2 eign commerce and who is licensed to

3 engage in business as such a dealer

4 under chapter 44 of title 18, United

5 States Code; or

6 (C) a person engaged in the busi7 ness of selling ammunition (as de8 fined in section 921(a)(17) of title 18,

9 United States Code) in interstate or

10 foreign commerce at the wholesale or

11 retail level, consistent with Federal,

12 State, and local law.

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

14 each of the several States of the United

15 States, the District of Columbia, the Com16 monwealth of Puerto Rico, the Virgin Is17 lands, Guam, American Samoa, and the

18 Commonwealth of the Northern Mariana

19 Islands, and any other territory or pos20 session of the United States, and any po21 litical subdivision of any such place.

22 (8) TRADE ASSOCIATION.—The term

23 ‘‘trade association’’ means any associa24 tion or business organization (whether or

25 not incorporated under Federal or State
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1 law) that is not operated for profit, and 2

2 or more members of which are manufac3 turers or sellers of a qualified product.

Amend the title so as to read as follows: ‘‘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.’’.
Union Calendar No. 456

107TH CONGRESS

2D SESSION H. R. 2037

[Report No. 107–727, Parts I and II]

A BILL

To amend the Act establishing the Department of

Commerce to protect manufacturers and sellersin the firearms and ammunition industry fromrestrictions on interstate or foreign commerce.

OCTOBER 8, 2002

Reported from the Committee on the Judiciary with

amendments, committed to the Committee of theWhole House on the State of the Union, and orderedto be printed