Protection of Lawful Commerce in Arms Act

Bill: 109-hr-800
Sponsor: Rep. Stearns, Cliff [R-FL-6]
Introduced: 2005-02-15 in the House
Policy area: Law
Subjects: Ammunition
Civil actions and liability
Commerce
Crime and Law Enforcement
Damages
District courts
Firearms
Firearms injuries
Government Operations and Politics
Injunctions
Jurisdiction
Liability (Law)
Products liability
Punitive damages
Retail trade
State courts
Torts
Trade associations

Summary:
action_date: 2005-02-15
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 a person who has been convicted of transferring a firearm knowing that it would 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, if 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 if 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 injury, or property damage.
action_date: 2005-06-14
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 a person who has been convicted of transferring a firearm knowing that it would 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, if 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 if 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 injury, or property damage. 


Legislative actions:
action_date: 2005-10-26
text: Sponsor introductory remarks on measure. (CR E2162-2163)
action_date: 2005-06-14
text: Placed on the Union Calendar, Calendar No. 70.
action_date: 2005-06-14
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-124.
action_date: 2005-06-14
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 109-124.
action_date: 2005-05-25
text: Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 12.
action_date: 2005-05-25
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-05-18
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-04-20
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-04-11
text: Subcommittee on Commercial and Administrative Law Discharged.
action_date: 2005-03-15
text: Subcommittee Hearings Held.
action_date: 2005-03-10
text: Referred to the Subcommittee on Commercial and Administrative Law.
action_date: 2005-02-15
text: Referred to the House Committee on the Judiciary.
action_date: 2005-02-15
text: Sponsor introductory remarks on measure. (CR H590)
action_date: 2005-02-15
text: Introduced in House
action_date: 2005-02-15
text: Introduced in House