Their concerns have persuaded two Democratic senators to propose exempting the gun makers from the protections offered by the bill. That proposal could drive away supporters of the broader liability legislation. Mary Beth Reilly, a spokeswoman for the National Federation of Small Business, said any changes in the language of the bill could scuttle the entire legislation. Spokesmen for gun manufacturers say caps on damages would affect only a small percentage of firearms makers and are irrelevant because these companies routinely win lawsuits contending that they have negligently marketed their products. While consumer advocates, including Ralph Nader, oppose the bill on grounds that the measure makes it more difficult for consumers to recover damages, the business community is split.
Many businesses view the proposed legislation as a relief from excessive litigation.
Even for larger companies, the bill would raise the standards of proof for a consumer to be eligible to recoup damages. The bill could pose a political problem for many Democrats and some suburban Republicans who want to be responsive to the concerns of small businesses but whose support for gun control can be an important distinction in an election year. They expect to sponsor an amendment that would exempt the entire gun industry from the limits. The bill already exempts tobacco companies. Those 12 firearms companies made 17 percent of the guns sold in the United States between 1990 and 1995, according to the Violence Policy Center, a nonprofit group in Washington that promotes gun control.