Protection of Lawful Commerce in Arms Act

Bill: 109-s-397
Sponsor: Sen. Craig, Larry E. [R-ID]
Introduced: 2005-02-16 in the Senate
Policy area: Law
Subjects: Ammunition
Child safety
Civil actions and liability
Commerce
Congress
Congressional reporting requirements
Crime and Law Enforcement
Damages
District courts
Drug abuse
Drug traffic
Families
Fines (Penalties)
Firearms
Firearms control
Firearms injuries
Government Operations and Politics
Governmental investigations
Injunctions
Jurisdiction
Law enforcement officers
Liability (Law)
Police
Products liability
Punitive damages
Retail trade
Sentences (Criminal procedure)
State courts
Storage
Torts
Trade associations
Violence

Summary:
action_date: 2005-02-16
text: 
Protection of Lawful Commerce in Arms Act - Prohibits a qualified civil liability action from being brought in any State or Federal court 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, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. Excludes actions: (1) 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; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly 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; (4) for breach of contract or warranty in connection with the purchase of the firearm; or (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that where the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage.
action_date: 2005-07-29
text: 
Protection of Lawful Commerce in Arms Act - (Sec. 3) Prohibits a qualified civil liability action from being brought in any state or federal court 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, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. 
 
Excludes from such prohibition actions: (1) brought by a directly harmed party against a person who transfers a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly 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; (4) for breach of contract or warranty in connection with the purchase of the firearm; (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that where the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage; or (6) commenced by the Attorney General to enforce firearms provisions under the federal criminal code or the Internal Revenue Code. Permits a person under age 17 to recover damages authorized under federal or state law in a civil action that meets specified requirements.
 
(Sec. 5) Child Safety Lock Act of 2005 - Prohibits the sale, delivery, or transfer by a licensed importer, manufacturer, or dealer of a handgun to any person other than a person with a firearms license unless the transferee is provided with a secure gun storage or safety device. Lists exceptions, including for U.S. and state agencies and for law enforcement. Grants immunity from a qualified civil liability action for a person who has lawful possession and control of a handgun and who uses a secure gun storage or safety device. Establishes as penalties for violations: (1) license revocation or suspension for up to six months; or (2) a civil penalty of up to $2,500. 
 
(Sec. 6) Sets penalties for using or carrying armor piercing ammunition during and in relation to a crime of violence or a drug trafficking crime, and for possessing armor piercing ammunition in furtherance of any such crime, that shall be in addition to the punishment otherwise provided for such crime.
 
Directs the Attorney General to conduct and report to the chairman and ranking member of the House and Senate Judiciary Committees on a study to determine whether a uniform standard for the testing of projectiles against body armor is feasible.

action_date: 2005-10-20
text: 

(This measure has not been amended since it was passed by the Senate on July 29, 2005. The summary of that version is repeated here.)

 
Protection of Lawful Commerce in Arms Act - (Sec. 3) Prohibits a qualified civil liability action from being brought in any state or federal court 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, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. 
 
Excludes from such prohibition actions: (1) brought by a directly harmed party against a person who transfers a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly 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; (4) for breach of contract or warranty in connection with the purchase of the firearm; (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that where the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage; or (6) commenced by the Attorney General to enforce firearms provisions under the federal criminal code or the Internal Revenue Code. Permits a person under age 17 to recover damages authorized under federal or state law in a civil action that meets specified requirements.
 
(Sec. 5) Child Safety Lock Act of 2005 - Prohibits the sale, delivery, or transfer by a licensed importer, manufacturer, or dealer of a handgun to any person other than a person with a firearms license unless the transferee is provided with a secure gun storage or safety device. Lists exceptions, including for U.S. and state agencies and for law enforcement. Grants immunity from a qualified civil liability action for a person who has lawful possession and control of a handgun and who uses a secure gun storage or safety device. Establishes as penalties for violations: (1) license revocation or suspension for up to six months; or (2) a civil penalty of up to $2,500. 
 
(Sec. 6) Sets penalties for using or carrying armor piercing ammunition during and in relation to a crime of violence or a drug trafficking crime, and for possessing armor piercing ammunition in furtherance of any such crime, that shall be in addition to the punishment otherwise provided for such crime.
 
Directs the Attorney General to conduct and report to the chairman and ranking member of the House and Senate Judiciary Committees on a study to determine whether a uniform standard for the testing of projectiles against body armor is feasible.

action_date: 2005-10-26
text: 

(This measure has not been amended since it was passed by the Senate on July 29, 2005. The summary of that version is repeated here.)

 
Protection of Lawful Commerce in Arms Act - (Sec. 3) Prohibits a qualified civil liability action from being brought in any state or federal court 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, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. 
 
Excludes from such prohibition actions: (1) brought by a directly harmed party against a person who transfers a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly 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; (4) for breach of contract or warranty in connection with the purchase of the firearm; (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that where the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage; or (6) commenced by the Attorney General to enforce firearms provisions under the federal criminal code or the Internal Revenue Code. Permits a person under age 17 to recover damages authorized under federal or state law in a civil action that meets specified requirements.
 
(Sec. 5) Child Safety Lock Act of 2005 - Prohibits the sale, delivery, or transfer by a licensed importer, manufacturer, or dealer of a handgun to any person other than a person with a firearms license unless the transferee is provided with a secure gun storage or safety device. Lists exceptions, including for U.S. and state agencies and for law enforcement. Grants immunity from a qualified civil liability action for a person who has lawful possession and control of a handgun and who uses a secure gun storage or safety device. Establishes as penalties for violations: (1) license revocation or suspension for up to six months; or (2) a civil penalty of up to $2,500. 
 
(Sec. 6) Sets penalties for using or carrying armor piercing ammunition during and in relation to a crime of violence or a drug trafficking crime, and for possessing armor piercing ammunition in furtherance of any such crime, that shall be in addition to the punishment otherwise provided for such crime.
 
Directs the Attorney General to conduct and report to the chairman and ranking member of the House and Senate Judiciary Committees on a study to determine whether a uniform standard for the testing of projectiles against body armor is feasible.


Legislative actions:
action_date: 2005-10-26
text: Became Public Law No: 109-92.
action_date: 2005-10-26
text: Became Public Law No: 109-92.
action_date: 2005-10-26
text: Signed by President.
action_date: 2005-10-26
text: Signed by President.
action_date: 2005-10-25
text: Presented to President.
action_date: 2005-10-25
text: Presented to President.
action_date: 2005-10-20
text: Cleared for White House.
action_date: 2005-10-20
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-10-20
text: On passage Passed by the Yeas and Nays: 283 - 144 (Roll no. 534). (text: CR H8990-8992)
action_date: 2005-10-20
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 283 - 144 (Roll no. 534).(text: CR H8990-8992)
action_date: 2005-10-20
text: The previous question was ordered pursuant to the rule. (consideration: CR H9010)
action_date: 2005-10-20
text: DEBATE - The House proceeded with one hour of debate on S. 397.
action_date: 2005-10-20
text: Rule provides for consideration of S. 397 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.
action_date: 2005-10-20
text: Considered under the provisions of rule H. Res. 493. (consideration: CR H8990-9011)
action_date: 2005-10-18
text: Rule H. Res. 493 passed House.
action_date: 2005-10-17
text: Rules Committee Resolution H. Res. 493 Reported to House. Rule provides for consideration of S. 397 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.
action_date: 2005-09-06
text: Held at the desk.
action_date: 2005-09-06
text: Message on Senate action sent to the House.
action_date: 2005-09-06
text: Received in the House.
action_date: 2005-07-29
text: Passed Senate with amendments by Yea-Nay. 65 - 31. Record Vote Number: 219.
action_date: 2005-07-29
text: Passed/agreed to in Senate: Passed Senate with amendments by Yea-Nay. 65 - 31. Record Vote Number: 219.
action_date: 2005-07-29
text: Considered by Senate. (consideration: CR S9374-9398)
action_date: 2005-07-28
text: Considered by Senate. (consideration: CR S9217-9244)
action_date: 2005-07-27
text: Cloture motion on the bill presented in Senate. (consideration: CR S9087)
action_date: 2005-07-27
text: Measure laid before Senate by motion. (consideration: CR S9059-9087, S9087-9115)
action_date: 2005-07-27
text: Motion to proceed to consideration of measure agreed to in Senate by Voice Vote.
action_date: 2005-07-27
text: Motion to proceed to measure considered in Senate. (consideration: CR S9059-9086)
action_date: 2005-07-26
text: Motion to proceed to measure considered in Senate. (consideration: CR S8908-89027)
action_date: 2005-07-26
text: Cloture on the Motion to proceed to the bill invoked in Senate by Yea-Nay Vote. 66 - 32. Record Vote Number: 206. (consideration: CR S8908-8909)
action_date: 2005-07-22
text: Motion to proceed to consideration of measure withdrawn in Senate.
action_date: 2005-07-22
text: Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S8740-8741; text: CR S8740-8741)
action_date: 2005-07-22
text: Motion to proceed to consideration of measure made in Senate.
action_date: 2005-02-17
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 15.
action_date: 2005-02-16
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (text of measure as introduced: CR S1529-1530)
action_date: 2005-02-16
text: Sponsor introductory remarks on measure. (CR S1529)
action_date: 2005-02-16
text: Introduced in Senate

Enacted as: number: 109-92