By Ed Somers
August 8, 2005

By a vote of 65-31, the Senate approved legislation on July 29 that would shield gun manufacturers and dealers from civil lawsuits. The United States Conference of Mayors strongly opposes this legislation.

The bill (S. 397) 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.

Additional language makes the bill retroactive, which would end pending cases brought by individual victims and cities.

This year’s bill goes further than state preemption laws and legislation that was stopped last year. New language has been inserted that would block “administrative proceedings” against the gun industry, significantly curtailing the ATF’s power to regulate unscrupulous dealers. Specifically, the bill would prohibit the ATF from revoking a dealer’s license, even in cases where a dealer has been issued a series of violations and is responsible for a high percentage of crime guns. New provisions could also overturn city ordinances aimed at shutting down “kitchen table” dealers, a key source of illegally trafficked guns.

The legislation is not intended to protect persons who sell or transfer a firearm knowing it is intended to be used in a crime, nor anyone who knowingly violates federal or local law. The bill would also allow lawsuits based on firearm defects.

The House Judiciary Committee approved a similar bill (H.R. 800) on May 25 by a vote of 22-12, and House floor passage is expected when Congress returns.