Protection of Lawful Commerce in Arms Act

Bill: 108-hr-1036
Sponsor: Rep. Stearns, Cliff [R-FL-6]
Introduced: 2003-02-27 in the House
Policy area: Law
Subjects: Ammunition
Civil actions and liability
Commerce
Crime and Law Enforcement
District courts
Firearms
Firearms injuries
Government Operations and Politics
Jurisdiction
Liability (Law)
Products liability
Retail trade
State courts
Torts
Trade associations

Summary:
action_date: 2003-02-27
text: Protection of Lawful Commerce in Arms Act - Prohibits any qualified civil liability action from being brought in any State or Federal court and requires pending actions to be dismissed. Defines such an action to: (1) include an action brought against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages resulting from the criminal or unlawful misuse of a firearm; and (2) exclude an action brought against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime; an action brought against a seller for negligent entrustment or negligence per se; an action in which a manufacturer or seller of a firearm willfully violated a State or Federal statute applicable to the sale or marketing of the firearm and the violation was a proximate cause of the harm for which relief is sought; an action for breach of contract or warranty in connection with the purchase of the firearm; or an action for physical injuries or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended.
action_date: 2003-04-07
text: Protection of Lawful Commerce in Arms Act - Prohibits any qualified civil liability action from being brought in any State or Federal court and requires pending actions to be dismissed. Defines such an action to: (1) include an action brought against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages or injunctive relief resulting from the criminal or unlawful misuse of a firearm; and (2) exclude an action brought against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; an action brought against a seller for negligent entrustment or negligence per se; an action in which a manufacturer or seller of a firearm willfully violated a State or Federal statute applicable to the sale or marketing of the firearm and the violation was a proximate cause of the harm for which relief is sought; an action for breach of contract or warranty in connection with the purchase of the firearm; or an action for physical injuries or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended.
action_date: 2003-04-09
text: 
(This measure has not been amended since it was reported to the House on April 7, 2003. The summary of that version is repeated here.)

Protection of Lawful Commerce in Arms Act - Prohibits any qualified civil liability action from being brought in any State or Federal court and requires pending actions to be dismissed. Defines such an action to: (1) include an action brought against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages or injunctive relief resulting from the criminal or unlawful misuse of a firearm; and (2) exclude an action brought against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; an action brought against a seller for negligent entrustment or negligence per se; an action in which a manufacturer or seller of a firearm willfully violated a State or Federal statute applicable to the sale or marketing of the firearm and the violation was a proximate cause of the harm for which relief is sought; an action for breach of contract or warranty in connection with the purchase of the firearm; or an action for physical injuries or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended.

Legislative actions:
action_date: 2003-04-10
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
action_date: 2003-04-09
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-04-09
text: On passage Passed by the Yeas and Nays: 285 - 140 (Roll no. 124). (text:  CR H2978-2979)
action_date: 2003-04-09
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 285 - 140 (Roll no. 124).(text:  CR H2978-2979)
action_date: 2003-04-09
text: On motion to recommit with instructions Failed by the Yeas and Nays: 140 - 282 (Roll no. 123).
action_date: 2003-04-09
text: The previous question on the motion to recommit with instructions was ordered without objection.
action_date: 2003-04-09
text: Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Watt motion to recommit with instructions.
action_date: 2003-04-09
text: Mr. Watt moved to recommit with instructions to Judiciary. (consideration: CR H2997-2998; text: CR H2997)
action_date: 2003-04-09
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2003-04-09
text: The previous question was ordered pursuant to the rule.
action_date: 2003-04-09
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1036.
action_date: 2003-04-09
text: The House resolved into Committee of the Whole House on the state of the Union for further consideration.
action_date: 2003-04-09
text: Considered as unfinished business.
action_date: 2003-04-09
text: Committee of the Whole House on the state of the Union rises leaving H.R. 1036 as unfinished business.
action_date: 2003-04-09
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2003-04-09
text: DEBATE - Pursuant to the provisions of H. Res. 181, the Committee of the Whole proceeded with 20 minutes of debate on the Watt (NC) amendment.
action_date: 2003-04-09
text: At the conclusion of debate on the Meehan amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Meehan demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2003-04-09
text: DEBATE - The Committee of the Whole resumed debate on the Meehan amendment.
action_date: 2003-04-09
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 181 and Rule XXIII.
action_date: 2003-04-09
text: Considered as unfinished business.
action_date: 2003-04-09
text: Committee of the Whole House on the state of the Union rises leaving H.R. 1036 as unfinished business.
action_date: 2003-04-09
text: DEBATE - Pursuant to the provisions of H. Res. 181, the Committee of the Whole proceeded with 20 minutes of debate on the Meehan amendment.
action_date: 2003-04-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Sanchez amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Sanchez demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2003-04-09
text: DEBATE - Pursuant to the provisions of H. Res. 181, the Committee of the Whole proceeded with 20 minutes of debate on the Sanchez amendment.
action_date: 2003-04-09
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the Scott (VA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Scott (VA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
action_date: 2003-04-09
text: DEBATE - Pursuant to the provisions of H. Res. 181, the Committee of the Whole proceeded with 20 minutes of debate on the Scott (VA) amendment.
action_date: 2003-04-09
text: DEBATE - Pursuant to the provisions of H. Res. 181, the Committee of the Whole proceeded with 20 minutes of debate on the Watt amendment.
action_date: 2003-04-09
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1036.
action_date: 2003-04-09
text: The Speaker designated the Honorable John Shimkus to act as Chairman of the Committee.
action_date: 2003-04-09
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 181 and Rule XXIII.
action_date: 2003-04-09
text: Rule provides for consideration of H.R. 1036 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. All points of order against consideration of the bill are waived. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
action_date: 2003-04-09
text: Considered under the provisions of rule H. Res. 181. (consideration:  CR H2944-2999)
action_date: 2003-04-09
text: Rule H. Res. 181 passed House.
action_date: 2003-04-08
text: Rules Committee Resolution H. Res. 181 Reported to House. Rule provides for consideration of H.R. 1036 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. All points of order against consideration of the bill are waived. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. Measure will be considered read. Specified amendments are in order.
action_date: 2003-04-07
text: Placed on the Union Calendar, Calendar No. 37.
action_date: 2003-04-07
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-59.
action_date: 2003-04-07
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 108-59.
action_date: 2003-04-03
text: Ordered to be Reported (Amended) by the Yeas and Nays: 21 - 11.
action_date: 2003-04-03
text: Committee Consideration and Mark-up Session Held.
action_date: 2003-04-02
text: Subcommittee on Commercial and Administrative Law Discharged.
action_date: 2003-04-02
text: Subcommittee Hearings Held.
action_date: 2003-03-26
text: Referred to the Subcommittee on Commercial and Administrative Law.
action_date: 2003-02-27
text: Referred to the House Committee on the Judiciary.
action_date: 2003-02-27
text: Introduced in House
action_date: 2003-02-27
text: Introduced in House