The bill (S. 397) would prohibit the filing of civil lawsuits against gun manufacturers, distributors, or dealers in any State or Federal court. But that is not all. The bill would also immediately dismiss all actions currently pending in the courts.

Said John Johnson, executive director of IPGV, “If this legislation is signed into law by President Bush, not only will the victims of gun violence have the doors to the courthouse slammed shut in their faces, but those already inside will be kicked out. It’s a disgrace.”

The bill passed in the Senate 65-31 with Iowa Senator Chuck Grassley (R) voting for the bill and Tom Harkin (D) voting against it.

The bill was strongly supported by the National Rifle Association. Its chief sponsor in the Senate was NRA board member, Larry Craig (R-Idaho).

Noting that the gun industry produces a product that kills and injures about 100,000 Americans a year, Johnson said, “Once again, members of Congress have shown that they are ‘gutless’ when it comes to standing up to the NRA and the gun lobby. By this action, lawmakers have shown that their loyalty to the gun industry is greater than their concern for the victims of gun violence.”

According to Sue Ann Schiff, executive director of the Legal Community Against Violence, “This offensive legislation would radically alter fundamental principles of tort law. Pursuant to those principles, individuals and business have a duty to use reasonable care to avoid foreseeable injury to others. When that duty has been breached, an injured party may bring an action for damages or other relief against the individual or business. The judicial system then determines whether relief should be granted.”

Johnson added, “The gun industry argues that this legislation is needed to protect the gun industry from frivolous lawsuits. But this legislation goes much farther by protecting the gun industry from all lawsuits, regardless of merit. Such action is unprecedented. The merit of lawsuits should be determined by state and federal courts according to American tort law; not by Congress.”

Furthermore, settlements reached in several recent civil actions have shown that such actions are an effective way to hold negligent gun manufacturers and sellers accountable for their negligent and reckless behavior.

• In June 2004, A West Virginia gun dealer agreed to pay $1 million to two New Jersey police officers who were shot with a trafficked gun negligently sold by the dealer to a “straw” purchaser who bought the weapon and other guns for a convicted felon prohibited from purchasing firearms.
• In September 2004, families of the Washington DC-area sniper shootings received a $2.5 million settlement from Bull’s Eye Shooters Supply, the dealer who “lost” the assault rifle (along with more than 200 other guns) used in the shootings, and Bushmaster Firearms, manufacturer of the assault rifle.
• In August 2003, 12 California cities and counties entered into a settlement agreement with two major gun dealers and three wholesale gun distributors, requiring them to reform their business practices to stem the flow of guns to criminals. The local governments had not sought monetary damages.

Each of these actions would have been barred the legislation passed by the Senate, according to LACV.

IPGV notes that the Senate action to protect the gun industry from lawsuits is particularly ironic in light of the fact that firearms are not regulated by any federal agency for health and safety. Firearms and ammunition are specifically exempt from regulation by the Consumer Product Safety Commission, created in 1972.