Lawsuit Preemption Bill
Advances in House Hearing
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"...The cities and counties... are suing because they happen to dislike a product
that a company produces and markets legally..." |
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-- Representative Cliff Stearns (R-Fla.) |
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Rep. John (D-LA) |
Rep. Stearns (R-FL) |
Yesterday, the House Subcommittee on Commerce, Trade, and Consumer
Protection held a hearing on H.R. 2037. This bill, introduced by U.S.
Representatives Cliff Stearns
(R-Fla.) and
Chris John (D-La.), would
block politically-motivated lawsuits that seek to hold gun makers liable
for the criminal misuse of their products. Unable to convince lawmakers
to ban firearms, anti-gun extremists and several big-city mayors have
resorted to trying to circumvent the legislative process and cripple gun
makers with financially draining legal fees. H.R. 2037 would put a halt
to the coordinated onslaught of frivolous litigation intended to
bankrupt gun makers.
During the hearing, Rep. John accurately pointed out that Congress is
the proper venue for interstate commerce issues, not the courtrooms, and
Rep. Stearns explained the true intentions of the suits. "These suits
are different from other lawsuits against an industry. The cities and
counties are not representing specific victims, nor are they claiming
specific damage against [public] property," he said. Stearns went on to
say, "Instead, they are suing because they happen to dislike a product
that a company produces and markets legally."
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"...By protecting lawful gun
makers from frivolous lawsuits, legislators are defending the democratic
process..." |
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-- Dr. Sterling Burnett, NCPA |
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Rep. Stearns, Chairman of the subcommittee, also asked Jeff Reh, the
Vice General Manager and General Counsel of firearm manufacturer
Beretta, why the city of Boston recently
voluntarily dismissed its case
against the firearms industry. Reh explained that after Boston reviewed
millions of pages of internal firearms industry documents and took
numerous depositions, the city realized that it simply did not have a
case, and that the firearms industry has a longstanding commitment to
promoting safe and responsible gun usage.
NSSF Vice President and General Counsel Larry Keane also
submitted
testimony, which stated, "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."
And Dr. Sterling Burnett of the
National Center for Policy Analysis
testified, "Lawsuit proponents, unable to convince
democratically-elected legislators that removing guns from the hands of
law-abiding citizens will reduce crime, are attempting to use the courts
to impose their views on a skeptical public. By protecting lawful gun
makers from frivolous lawsuits, legislators are defending the democratic
process."
U.S. Rep. Dianne DeGette (D-Colo.), one of the more extreme anti-gun
voices in Congress, tried to raise the inapplicable analogy of the Ford
Pinto in her opposition to the bill. She stated the car, "would explode
in a ball of flames when the car collided with other objects," then
claimed, "Liability suits were brought against the manufacturer of the
Pinto, and cars are much safer today."
Rep. Fletcher (R-KY) |
But U.S. Rep. Ernest Fletcher (R-Ky.) pointed out, "If a gun actually
explodes in an individuals face ... the manufacturer could still be held
liable, just like Ford Motor Company with the Pinto. What we're talking
about is: Would Ford Motor Company and the Pinto be liable if somebody
runs over an innocent bystander? Clearly, that's not the case."
Rep. Bryant (R-TN) |
U.S. Rep. Ed Bryant (R-Tenn.) elaborated, "We don't hold the car
industry responsible for incidents when the driver is irresponsible. If
someone who is intoxicated gets behind the wheel of a car and has an
accident-you don't sue the car manufacturer."
Make no mistake, it is critical that H.R. 2037 become law in order to
thwart anti-gun extremists from using reckless lawsuits to bankrupt the
firearms industry. Our Right to Keep and Bear Arms necessarily requires
the ability to buy firearms, so what practical good is the Second
Amendment if we don't have a viable American firearms industry? H.R.
2037 protects firearms manufacturers that comply with the law from being
held accountable for the actions of criminals, but does not exempt them
from traditional, legitimate product liability or other negligence
suits.
And while NRA has been
extremely successful with passing reckless
lawsuit preemption bills at the state level, a federal prohibition is
critical. Kansas Governor Bill Graves (R) signed reckless lawsuit
preemption into law yesterday, making Kansas the 28th state to enact
such a prohibition. Governor Graves' action deserves thanks from the
pro-gun community, but this still leaves 22 states where anti-gun
extremists can continue to shop their baseless lawsuit agenda.
There are
currently 221 co-sponsors for H.R. 2037, three more than a simple
majority of House members, but that still does not guarantee passage of
this critical reform. The more supporters we can enlist, the better the
chance will be for this bill becoming law. The following eight House
members are considered possible co-sponsors, and NRA members in their
states are urged to contact them and request their support:
You can reach these
lawmakers by calling the House switchboard at (202) 225-3121, but to
find additional contact information, those on the Internet can use the
"Write Your
Reps" tool at
NRAILA.org.
In addition, U.S. Senators Zell Miller (D-Ga.) and
Larry Craig (R-Iowa)
are expected to introduce the Senate version of H.R. 2037 very soon, so
be sure to contact your U.S. Senators and urge them to sign on as
co-sponsors, once the bill is introduced. You can reach your U.S.
Senators by calling (202) 224-3121, but to find additional contact
information for them, use our "Write Your
Reps" tool.
Finally, be sure to contact the following pro-gun U.S. Representatives
who participated in yesterday's committee hearing to thank them for
their support of this critical reform:
You can reach these lawmakers by calling the House
switchboard at (202) 225-3121, or use our "Write Your
Reps" tool for
additional contact information. Prepared testimony from the hearing is
also available at energycommerce.house.gov.
Related Stories...
More About Federal Issues
More About Reckless Lawsuits Against the Firearms Industry
Reckless Lawsuit Preemption Bill Gaining Support in the House (Apr 2002)
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