Serial No. 107-94: The Protection of Lawful Commerce in Arms Act: Hearing before the Subcommittee on Commerce, Trade, and Consumer Protection of the Committee on Energy and Commerce, House of Representatives, One Hundred Seventh Congress, Second Session on H.R. 2037, April 18, 2002   [open pdf - 1MB]

On April 18, 2002, the House of Representatives Subcommittee on Commerce, Trade, and Consumer Protection of the Committee on Energy and Commerce convenes to discuss and hear testimony on the Protection of Lawful Commerce in Arms Act. Testifying are David Pasternak on behalf of the American Bar Association, Michael Barnes of the Brady Center, Elisa Barnes, Sterling Burnett of the National Center for Policy Analysis, Lawrence Keane of National Shooting Sports Foundation, Kristin Rand of the Violence Policy Center, and Jeff Reh of the Beretta USA Corporation. Chairman Stearns explains that "the bill addresses the growing problem of nuisance lawsuits filed with the intention of driving the firearms industry out of business by attempting to hold manufacturers and dealers liable for the criminal acts of third-parties who are totally beyond their control." He contends that "what these suits represent are blatant attempts to regulate an industry". Congressman Towns, however, disagrees and argues that gun dealers should share liability in gun-related incidents. David Pasternak testifies that "the American Bar Association opposes federal, state or territorial legislation to create special legal immunity for the firearms industry from civil tort liability." Michael Barnes agrees, stating that "this bill is a misguided, unjust attempt to provide special legal protection for the gun industry at the expense of innocent Americans who have been harmed by the dangerous and irresponsible actions of firearm manufacturers and sellers." Industry representative hold differing views, arguing that "If the tactic of these lawsuits is allowed to succeed, recourse to the courts can make the legislature superfluous."

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Serial Number 107-94
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