Originally Posted - October 21, 2005


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Congress Gives Gun Lobby Ban On Lawsuits

WASHINGTON--Congress passed a bill Thursday protecting the firearms industry from massive crime-victim lawsuits initiated nationwide.

The Protection of Lawful Commerce in Arms Act was passed by the House with a vote of 283-144 and now moves to President Bush who says he will sign it into law.

Supporters led by the National Rife Association said that the act would end predatory and baseless lawsuits which sought to bankrupt a lawful, highly regulated industry by holding the manufacturers and retailers responsible for the unforeseeable acts of criminals.

The bill passed the Senate in late July with a vote of 65-31.

During Senate debate earlier this year, the Pentagon stated its concern over the consequences if the American firearms industry was litigated into extinction. The Department of Defense stated that it "strongly supports" S. 397 citing, "that passage of S. 397 would help safeguard our national security by limiting unnecessary lawsuits against an industry that plays a critical role in meeting the procurement needs of our men and women in uniform."

Bush said that "our laws should punish criminals who use guns to commit crimes, now law-abiding manufacturers of lawful products".

The bill's opponents said that passage of the bill was proof of the gun lobby's power over the Republican-controlled Congress. Kristen Rand, director of the Violence Policy Center said that the legislation "will make the unregulated gun industry the most pampered industry in America".

The NRA had made the bill's passage it's top legislative priority. As many of 20 lawsuits by local governments now pending against the gun industry will be dismissed with the signing of the bill by Bush.

House Judiciary chairman James Sensebrenner, R-Wis., said that "lawsuits seeking to hold the firearms industry responsible for the criminal and unlawful use of its products are brazen attempts to accomplish through litigation what has not been achieved by legislation and the democratic process".

The new legislation would still allow civil litigation against individuals who have been found guilty in the courts of criminal wrongdoing. The bill prohibits lawsuits against the firearms industry for damages resulting from the unlawful use of a firearm or ammunition. Product liability, negligence or breach of contract suits could still be brought against gun manufacturers and dealers. 10-21-05

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