Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Testimony of Lawrence G. Keane, Vice President & General Counsel, National Shooting Sports Foundation, Inc.

Wednesday, April 17, 2002

House Subcommittee on Commerce, Trade and Consumer Protection

IN SUPPORT OF

 “PROTECTION OF LAWFUL COMMERCE IN ARMS ACT”

 (H.R. 2037)

April 18, 2002

Chairman Stearns and distinguished members of the Subcommittee, my name is Lawrence G. Keane.  I am the vice president and general counsel to the National Shooting Sports Foundation, Inc. (“NSSF”).  The National Shootings Sports Foundation appreciates the opportunity to appear before the Subcommittee to offer testimony in support of the “Protection of Lawful Commerce in Arms Act.” (H.R. 2037), which is an important piece of common sense legislation.

Formed in 1961, the National Shooting Sports Foundation, with approximately 1,900 members, is the major trade association for the firearms and recreational shooting sports industry.  The NSSF manages a variety of programs designed to promote a better understanding of, and a more active participation in, the shooting sports.  The NSSF’s programs and initiatives reflect the firearms industry’s genuine and longstanding commitment to fostering firearm safety and education and further reducing the illegal acquisition and criminal misuse of firearms.  Our members are engaged in the interstate and foreign commerce of firearm and ammunition products, a lawful and highly regulated activity.

Beginning in 1998, a group of approximately forty urban politicians, aligned with contingency-fee trial lawyers and anti-gun activists, have flooded our nation’s courts with lawsuits against federally licensed firearms manufacturers, wholesale distributors and retailers.  On March 28, 2002 the City of Jersey City, New Jersey became the most recent city to file suit.  Additional suits are threatened, and there are a growing number of private (non-municipal) suits against the industry.

As the courts have recognized, these suits are an improper attempt to use litigation to regulate the design, manufacturer, marketing, distribution and sale of firearms, thereby circumventing state legislatures and Congress.  In dismissing the New Orleans’ case, the Louisiana Supreme Court commented on local suits threatened the public safety and welfare because they will result in haphazard and inconsistent rules.

Winning on the merits is not necessary in order for these politicians to impose their will.  Their policy judgments can be implemented throughout the nation if the coercive effect resulting from the staggering financial cost to defend these suits forces the industry into a Hobson’s choice of either capitulation or bankruptcy.  At the time he filed his suit, Chicago Mayor Richard Dailey said, “We’re going to hit them where it hurts – in their bank accounts…”  Andrew Cuomo, then Housing and Urban Development Secretary, threatened firearms manufacturers with “death by a thousand cuts.”   

The collective industry-wide cost to defend these ill-conceived, politically motivated suits has been truly staggering.  Exact figures are not available because the defendants are still competitors and their defense cost is considered confidential business information.  However, based on discussions with insurance industry executives, manufacturers’ corporate counsel, cost estimates in various publications, and NSSF’s own experiences, I believe a conservative estimate for the total, industry-wide, cost of defense to date exceeds $50 million dollars.

This cost has been borne almost exclusively by the companies themselves.  With few exceptions, insurance carriers have denied coverage.  This has resulted in large, across-the-board, price increases for consumers.  Many of these suits allege that industry’s products are defectively designed.  While this allegation is patently untrue, these suits have ironically forced companies to scale back research and development to further improve the overall safety and design of their products.

As a result of these suits, firearms industry members have experienced dramatic premium increases when renewing their insurance policies.  Renewed policies almost invariably exclude coverage for the municipal suits.

These suits have been an unnecessary distraction to our nation’s firearms manufacturers whose time and attention would be better-spent supplying law enforcement and our armed forces with the equipment they need to protect America and combat global terrorism.

Of the twenty-four municipal suits that have been filed to date, ten have been dismissed by the courts, with six of those cases being fully and finally adjudicated.  Every appellate court in the nation to decide a municipal firearms case has ruled in favor of the industry and ordered the cases dismissed, including three state supreme courts and the United States Supreme Court denied certiorari of New Orleans’ appeal.  Seven cases are currently on appeal.

On March 27, 2002 the City of Boston, after completing 18 months of comprehensive discovery, became the first municipality to voluntarily dismiss its case against the industry.  In dismissing its case, Boston acknowledged it had learned the firearms industry has a genuine and longstanding commitment to further reducing firearms accidents; cooperating with law enforcement in their efforts to combat the criminal misuse of firearms; and promoting the safe and responsible distribution of firearms.  Boston now believes the best way to achieve these shared goals is through cooperation and communication, rather than through expensive, time-consuming and distracting litigation.

The National Shootings Sports Foundation urges you to vote in favor of the Protection of Lawful Commerce in Arms Act (H.R. 2037).

                                                                                    Respectfully Submitted,

                                                                                     Lawrence G. Keane

TRENDING NOW
Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

News  

Thursday, July 3, 2025

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

Earlier today the U.S. House of Representatives passed the “One Big Beautiful Bill.” This bill contained a provision that would, among other things, eliminate the burdensome $200 excise tax imposed by federal law on suppressors, short-barreled firearms, ...

One Big Beautiful Bill Clears Senate, and Heads Back to House

News  

Tuesday, July 1, 2025

One Big Beautiful Bill Clears Senate, and Heads Back to House

Earlier today the U.S. Senate passed the “One Big Beautiful Bill.” This bill contained a provision that would, among other things, eliminate the burdensome $200 excise tax imposed by federal law on suppressors, short-barreled firearms, and “any ...

U.S. House Sends Reconciliation Bill to President Trump

News  

Second Amendment  

Thursday, July 3, 2025

U.S. House Sends Reconciliation Bill to President Trump

NFA Tax on Suppressors, Short-Barreled Firearms, and Other Arms Reduced to $0

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

U.S. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

News  

Saturday, June 28, 2025

U.S. Senate Adds Pro-Gun Tax Relief Language Back into Reconciliation Bill

Overnight, the U.S. Senate added pro-gun tax relief language back into the Reconciliation bill after the Senate Parliamentarian struck out an earlier provision.  While this new provision is not as expansive as the language we advocated for which ...

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

Armed Churchgoers Prevent Mass Attack as State Lawmakers Plot More Gun Control

News  

Monday, June 30, 2025

Armed Churchgoers Prevent Mass Attack as State Lawmakers Plot More Gun Control

Just over an hour away from the state capitol in Lansing, Michigan – even as lawmakers worked feverishly to pass various gun control measures, including expansion of “gun free” zones – a chilling reminder unfolded of the ...

North Carolina: Update on Gun Bills Moving through the General Assembly

Tuesday, June 24, 2025

North Carolina: Update on Gun Bills Moving through the General Assembly

Recently, House Bill 193 (H193) was reported favorably out of both the Senate Judiciary Committee and the Senate Rules Committee, with amendments.

Canada’s Big Ugly Gun Grab: An Update

News  

Monday, June 30, 2025

Canada’s Big Ugly Gun Grab: An Update

Canada’s Liberal government is pressing on with its harebrained gun ban and confiscation program for “assault style weapons,” but, true to form and precedents, it has been far from smooth sailing.

Urge the U.S. Senate to Pass the One Big Beautiful Bill – Contact Your U.S. Senators Today!

News  

Monday, June 30, 2025

Urge the U.S. Senate to Pass the One Big Beautiful Bill – Contact Your U.S. Senators Today!

The U.S. Senate has cleared a number of procedural hurdles and is preparing to vote on the One Big Beautiful Bill. This vote will likely come within the next day. The One Big Beautiful Bill includes ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.