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. DIN-
GELL, Mr. DOOLITTLE, Mr. FLAKE, Mr. LUCAS of Oklahoma, Mr. GIB-
BONS, 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. NOR-
WOOD, Mr. OBERSTAR, Mr. OTTER, Mr. PENCE, Mr. PETERSON of Penn-
sylvania, Mr. PICKERING, Mr. PITTS, Mr. RADANOVICH, Mr. RAHALL,
Mr. REHBERG, Mr. ROGERS of Michigan, Mr. ROSS, Mr. RYAN of Wis-
consin, 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. STRICK-
LAND, 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 Com-
merce, and in addition to the Committee on the Judiciary, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation 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 Representa-
tives 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 sec-
tion 13 as section 14 and by inserting after section 12
the following:
‘‘SEC. 13. RESTRICTION ON COMMERCE.
‘‘(a) SECRETARY OF COMMERCE LIST.—The Sec-
retary 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 inter-
state or foreign commerce of a firearm or ammunition
product or is a trade association representing such manu-
facturers 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 manufac-
turer to the extent required under chapter 44 of title
18, United States Code,
‘‘(2) is a seller in interstate or foreign com-
merce of a firearm or ammunition product, and is li-
censed to engage in business as such seller to the ex-
tent 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 inter-
state or foreign commerce of a firearm or ammuni-
tion product, involves such firearm or ammunition
product, and is described in paragraph (4) of sub-
section (d),
‘‘(2) is carried out by a seller in interstate or
foreign commerce of a firearm or ammunition prod-
uct, 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 for-
eign 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 ‘am-
munition 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 in-
cludes 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 ‘manufac-
turer in interstate or foreign commerce of a firearm
or ammunition product’ means—
‘‘(A) a person who, in the course of a busi-
ness in interstate or foreign commerce to im-
port, 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 for-
mulate a firearm or ammunition product;