BILL PREVENTS JUNK LAWSUITS FILED AGAINST FIREARMS MANUFACTURERS AND DEALERS

Washington, May 25, 2005 - Today, the House Judiciary Committee approved H.R. 800, the Protection of Lawful Commerce in Arms Act, introduced by Rep. Cliff Stearns (R-FL).  This measure, backed by 215 cosponsors, addresses the growing problem of junk lawsuits filed with the intention of bankrupting the firearms industry by attempting to hold manufacturers and dealers liable for the criminal acts of third parties.  Said Stearns, "These lawsuits employ dubious legal theories that have no legal merit; they are merely attempts to impose their gun control agenda using the courts."

"This measure provides protection only against suits based on the criminal or unlawful acts of third parties-not against their own negligent or criminal conduct," explained Stearns.  "Under this measure, manufacturers or sellers must operate entirely within federal and state law and are still liable for acts of negligence and for defective products."  More than thirty states, including Florida, have passed legislation prohibiting these types of lawsuits.

Several cities, counties, and individuals have sued the firearms and ammunition industries for the damages and injuries resulting from the criminal use of guns by third parties.  The courts have dismissed twenty of these lawsuits, and every appellate court in the nation that has considered such a suit has ordered the case dismissed.  In addition, the Supreme Courts of three states have dismissed similar lawsuits.  The House approved this legislation two years ago by a vote of 284 to 140, but changes added in the Senate made the bill unacceptable to its supporters.