Summary
S. 1805 would limit the legal liability of gun manufacturers, distributors, dealers, and
importers for harm caused by criminal or unlawful misuse of firearms by others when
the firearms have operated as designed and intended.
Background
S. 1805 is based on S. 659, introduced by Senators Craig and Baucus on March 19,
2003. Senators Daschle, Craig and Baucus have agreed on language to amend
S. 659 to ensure that legitimate claims against the gun industry would be allowed to
proceed. Senator Daschle will offer this amendment to S. 1805 when the bill is
considered on the floor. This legislation is supported by a bipartisan coalition of
Senators. While S. 1805 has no co-sponsors, S. 659 has 54 co-sponsors.
Major Provisions
S. 1805 would prohibit certain types of lawsuits against firearm manufacturers and
dealers relating to the criminal or unlawful use of their products (firearms or
ammunition) by third parties. S. 1805 would provide for the dismissal of any such
lawsuits that are currently pending in federal and state courts.
S. 1805 would not prohibit lawsuits where:
1) a seller transfers a firearm knowing that it will be used to commit a crime of
violence or a drug trafficking crime;
1) a seller negligently supplied a firearm to someone it knew or should have known
would use it to harm another person;
3) a manufacturer or seller of a firearm violates a state or federal statute applicable
to the sale or marketing of the firearm, and the violation was a proximate cause of
the harm for which relief is sought;
4) there is a breach of contract or warranty in connection with the purchase of the
firearm; and
5) injuries or property damage result directly from a defect in design or manufacture
of the firearm.
Legislative History
S. 1805 was introduced by Senator Craig on October 31, 2003 and placed on the
Senate calendar.
Administration Position
As of February 23, 2004, the Bush Administration had not issued a Statement of
Administration Position (SAP) on this bill. The Administration, however, is expected to
support S. 1805.
Expected Amendments
Allowing legitimate claims against gun manufacturers and distributors to
proceed (Daschle-Craig). This amendment includes a non-inclusive list of examples
of federal or state violations that would support a civil liability claim:
1) a seller or manufacturer makes a false entry into a record that federal or state law
requires it to make;
2) a seller or manufacturer helps another party make a false oral or written statement
dealing with the sale or transfer of a firearm; and
3) a seller or manufacturer helps another person to sell or otherwise dispose of a
firearm either knowing or having reason to know that the person receiving the
firearm is not legally entitled to possess it.
It also makes several important changes to the underlying bill, including:
1) elimination of the "knowing and willful" standard that had been applicable to
allegations of either a federal or state law violation;
2) addition of "reasonably foreseeable" language to the defective design or
manufacture provision, making clear that the products liability exception covers
not only "intended" uses, but other situations where the use of the firearm was
reasonably foreseeable; and
3) clarification that sellers of so-called "cop-killer" bullets are not immune from civil
liability.
Closing the gunshow loophole (McCain-Reed). This amendment requires criminal
background checks for all firearms sales at gun shows. It defines a "gun show" as any
event at which at least 75 firearms are offered for sale and exempts from gun show
requirements hunt clubs, sales between family members, and people selling their own
firearms from their own home. It provides that three years after enactment, a state may
seek to reduce the maximum amount of time to complete a background check for
unlicensed sellers at gun shows from three business days to 24 hours when a state has
sufficiently automated its records (including 95 percent of all disqualifying records
dating back 30 years and 95 percent of domestic violence and restraining order
records). (Staff contact: Steven Eichenauer, 4-4642, Senator Reed)
Extension of the assault weapons ban (Feinstein). This amendment extends the
ban on assault weapons for 10 years. (Staff contact: David Hantman, 4-4933, Senator
Feinstein)
Repeal of the handgun ban in the District of Columbia (Hatch). (Staff contact: Ted
Lehman, 4-5225)
The Terrorist Apprehension Act (Dewine-Lautenberg). S. 1882, the Terrorist
Apprehension Act, would require that the gun background check system provide for the
immediate notification of law enforcement of all critical information when a person on
the Department of Justice terrorist watch list attempts to purchase a firearm. (Staff
contact: Rudy Brioche, 4-3224, Senator Lautenberg)
