Explore The NRA Universe Of Websites

APPEARS IN News

Protection of Lawful Commerce in Arms Act

Thursday, April 8, 2004

U.S. Sens. Larry Craig (R-Idaho) and Max Baucus (D-Mont.) have introduced the Protection of Lawful Commerce in Arms Act to block baseless lawsuits by anti-gun groups and greedy trial lawyers seeking to bankrupt the American firearm industry. The bill recognizes those lawsuits as a flagrant abuse of the judicial system, designed to advance a stalled anti-gun legislative agenda.

More than 30 states have already prohibited localities from filing these junk lawsuits. Members of both parties in Congress recognize, however, that a federal remedy is needed. The House passed similar legislation in April 2003 by a better than 2-1 margin. The Craig-Baucus bill has 55 co-sponsors.

To "preserve a citizen`s access to a supply of firearms and ammunition for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting," the bill finds that:

The liability actions commenced or contemplated by the Federal Government, States, municipalities, and private interest groups are based on theories without foundation in hundreds of years of the common law and jurisprudence of the United States and do not represent a bona fide expansion of the common law. The possible sustaining of these actions by a maverick judicial officer or petit jury would expand civil liability in a manner never contemplated by the framers of the Constitution, by Congress, or by the legislatures of the several States. Such an expansion of liability would constitute a deprivation of the rights, privileges, and immunities guaranteed to a citizen of the United States under the 14th Amendment to the U.S. Constitution. The bill will "prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages resulting from the misuse of their products by others." It defines unlawful misuse as "conduct that violates a statute, ordinance or regulation as it relates to the use of a qualified product." It requires any "qualified civil liability action" pending on the bill`s date of enactment be immediately dismissed by the court in which the action was brought.

The bill defines "qualified civil liability action" as "a civil action brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages resulting from the criminal or unlawful misuse of a qualified product by the person or a third party." There is no blanket immunity, as the definition does not include:

  1. an action brought against a transferor convicted for transferring a firearm knowing it would be used in a crime of violence or drug trafficking crime, by a party directly harmed by the conduct of which the transferee is so convicted;
  2. an action against a dealer who conspires with "straw purchasers" to provide firearms to prohibited persons;
  3. an action brought against a seller for supplying a firearm or ammunition to another person when one knows, or should know, that other person is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person and others or negligence per se;
  4. an action in which a manufacturer or seller knowingly violated a State or Federal statute applicable to the sale or marketing of the product, and the violation was a proximate cause of the harm for which relief is sought;
  5. an action for breach of contract or warranty in connection with the purchase of the product; or
  6. an action for physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used in a reasonably foreseeable manner.
IN THIS ARTICLE
Reckless Lawsuits
TRENDING NOW
Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

News  

Tuesday, April 28, 2026

Virginia Bills Spark Gun-Buying Boom, Warning from DOJ

As your NRA-ILA has reported over the last several weeks, the Democrat-controlled Virginia General Assembly and Governor Abigail Spanberger (D) have, between them, approved a sweeping array of radical gun control bills aimed, as NRA’s John Commerford says, ...

Federal Bill Passes Off National Firearm Prohibition Agenda As “Virginia Model”

News  

Tuesday, April 28, 2026

Federal Bill Passes Off National Firearm Prohibition Agenda As “Virginia Model”

Virginia has recently been featured in a lot of headlines about gun control, for all the wrong reasons. A number of them have mentioned a federal gun control bill pending in the U.S. Senate, sponsored ...

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Thursday, April 23, 2026

Virginia: Spanberger Signs Unconstitutional Gun Bills into Law

Today, April 23rd, Governor Spanberger Signed HB1525 and SB727/HB1524 into law. 

ATF Announces New Director, Historic Regulatory Overhaul

News  

Thursday, April 30, 2026

ATF Announces New Director, Historic Regulatory Overhaul

April 29 was a big day for Second Amendment supporters in Washington, D.C., as ATF announced the confirmation of a new director, Robert Cekada, and rolled out perhaps the biggest one-day regulatory overhaul in the agency’s ...

Michigan: Crippling Firearm Dealer Licensing Bill Hearing Tomorrow

Monday, April 27, 2026

Michigan: Crippling Firearm Dealer Licensing Bill Hearing Tomorrow

On Tuesday April 28, the Senate Judiciary Committee, will be hearing Senate Bills 853 & 854,  creating a burdensome and costly state licensing and training system for firearm dealers in addition to restricting consumer access to ...

Connecticut: Firearms Restrictions Pass Connecticut House Despite Bipartisan Opposition

Saturday, April 25, 2026

Connecticut: Firearms Restrictions Pass Connecticut House Despite Bipartisan Opposition

This week, the Connecticut House voted to advance Governor Lamont's H5043 - a proposal banning the future manufacture, sale, and importation of many commonly owned handguns in Connecticut.

Virginia: Legislature Acts on Gun Bills; Ball Back in Spanberger's Court

Wednesday, April 22, 2026

Virginia: Legislature Acts on Gun Bills; Ball Back in Spanberger's Court

Today, April 22nd, during the General Assembly's reconvened session, the House and Senate passed by Governor Spanberger's amendments on SB749/HB217 and SB173/HB229. 

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

News  

Monday, April 20, 2026

Running Out of Targets: New York Bills Go After Air, Pellet and BB Guns

Anti-gun lawmakers in the Empire State are running out of things to ban.

North Carolina: Legislature Convenes in Raleigh

Tuesday, April 21, 2026

North Carolina: Legislature Convenes in Raleigh

Today, Tuesday, April 21st, the General Assembly kicked off their yearly legislative session at the capitol in Raleigh.

Minnesota: Senate Finance and Tax Committees to Consider Extreme Gun Control Measures!

Monday, April 27, 2026

Minnesota: Senate Finance and Tax Committees to Consider Extreme Gun Control Measures!

This week the Senate Finance Committee and the Senate Committee on Taxation will be considering extreme gun control proposals that will severely impede your Second Amendment rights. 

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.