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1 (November 17, 2003)

handle is hein.crs/crsuntaabod0001 and id is 1 raw text is: Order Code RS21486 Updated November 17, 2003 CRS Report for Congress Received through the CRS Web Protection of Lawful Commerce in Arms Act, H.R. 1036, S. 659, S. 1805, and S. 1806, 108th Congress: Legal Analysis Henry Cohen Legislative Attorney American Law Division Summary The Protection of Lawful Commerce in Arms Act, H.R. 1036, 108' Congress, as passed by the House on April 9, 2003, would prohibit lawsuits, except in specified 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. A similar bill, S. 659, has been introduced in the Senate, and, except where indicated in a footnote, every statement in this report about H.R. 1036 also applies to S. 659. Subsequently, S. 659 was reintroduced in identical form as S. 1806, and in amended form as S. 1805, and, on November 3, 2003, S. 1805 and S. 1806 were placed on the Senate Legislative Calendar. The differences between S. 1805 and the other Senate bills are noted at the end of this report. This report examines H.R. 1036, 108th Congress, as ordered to be reported by the House Committee on the Judiciary on April 3, 2003, and passed by the House without amendment on April 9, 2003. H.R. 1036, titled the Protection of Lawful Commerce in Arms Act, would prohibit lawsuits, except in specified 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. The bill would also require 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.' Among the circumstances when the bill would not preclude2 a lawsuit to be brought or to continue would be when the defendant violated 18 U.S.C. § 924(h) by transferring a firearm, knowing that it would be used to commit a crime of violence or a drug trafficking crime. 1 The words or is currently pendingare not in S. 659. 2 We say would not preclude rather than would allow because it is state law that allows tort suits. H.R. 1036 and S. 659 would preclude such suits, except in the instances when it would not preclude them. Congressional Research Service + The Library of Congress

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