By Ed Somers
April 14, 2003

On April 9, the U.S. House of Representatives voted 285-140 for legislation which would limit liability lawsuits against gun manufacturers, distributors and dealers, and importers of guns and ammunition. The legislation (HR 1036) would impact a number of city lawsuits against the gun industry, as well as lawsuits brought by individuals. The bill specifically states, "A qualified civil liability action may not be brought in any Federal or State court." In addition, the bill says, "A qualified civil liability action that is pending on the date of the enactment of this Act shall be dismissed immediately by the court in which the action was brought or is currently pending."

The bill would not ban all civil lawsuits, and would allow lawsuits against manufacturers or sellers who "knowingly or willfully violated" a state or federal law in selling or marketing a gun which thereby resulted in gun violence. It would also not apply to cases alleging breach of contract or civil lawsuits brought because of "physical injuries or property damage resulting from a defect in design or manufacture of the product, when used as intended."

Similar legislation (S 659), sponsored by Senator Larry Craig (ID), is pending in the Senate with 51 cosponsors.