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1 (November 8, 2005)

handle is hein.crs/crsaiuq0001 and id is 1 raw text is: Order Code RS22074 Updated November 8, 2005 Limiting Tort Liability of Gun Manufacturers and Gun Sellers: Legal Analysis of P.L. 109-92 (2005) Henry Cohen Legislative Attorney American Law Division Summary The Protection of Lawful Commerce in Arms Act, P.L. 109-92 (2005), prohibits civil actions and administrative proceedings, except in six circumstances, against a manufacturer or seller of a firearm or ammunition, or a trade association, for damages resulting from the criminal or unlawful misuse of a firearm or ammunition. P.L. 109- 92 also, with exceptions, requires child safety locks on handguns, and amended 18 U.S.C. §§ 922(a) and 924(c), which, with exceptions, prohibit the manufacture or importation of armor piercing ammunition, and establish penalties for the commission of crimes with such ammunition. This report examines P.L. 109-92 (2005), which passed the Senate and the House as S. 397, 109' Congress and was signed by the President on October 26, 2005. Titled the Protection of Lawful Commerce in Arms Act, it prohibits a civil action or proceeding or an administrative proceeding, except in six circumstances, against a manufacturer or seller of a firearm or ammunition, or a trade association, for damages resulting from the criminal or unlawful misuse of a firearm or ammunition.1 The statute requires that pending lawsuits brought by shooting victims and municipalities be immediately dismissed by the court in which the action was brought or is currently pending. The statute's findings state that it is an abuse of the legal system and an unreasonable burden on interstate and foreign commerce to hold defendants liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended. Senator Craig, the sponsor 1 The six exceptions, discussed below, are instances in which the statute does not preclude lawsuits. It would be incorrect, strictly speaking, to say that the statute allows lawsuits in these instances, because it is state law that allows tort suits. The statute precludes them except in the six circumstances in which it does not preclude them.

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