The Gun Industry Immunity Bill: Immunity for Negligent Gun Sellers Posted: 10/20/05
 Update 10/21/05: The House passed the Gun Industry Immunity bill, S. 397, by a vote of 283-144. The Senate passed the bill on July 29 by a vote of 65-31. The legislation would provide immunity to the gun industry against lawsuits seeking damages for negligent conduct. President Bush is expected to sign the bill into law.
The Senate included an amendment on July 28 that requires the sale of child safety devices with all handguns by 70-30. The Senate rejected amendments that would have preserved the right of minors or police officers injured by firearms to sue for damages as well as an amendment to ban the sale of armor-piercing "cop-killer" bullets. The House Judiciary Committe passed H.R. 800 by a vote of 22-12 in May.
Overview
Firearms killed 28,874 people in the U.S. in 1999 and more than twice that were treated in emergency rooms for non-fatal gunshot wounds. Yet despite the fact that guns are the second leading cause of product-related deaths in America, they remain practically the only consumer product not subject to any federal health and safety regulations. Teddy bear manufacturers must comply with numerous safety standards, why not gun manufacturers?
The gun industry now wants federal protection from paying for their negligence. The Gun Industry Immunity bill (S. 397/H.R. 800) provides immunity to gun manufacturers, dealers, distributors and trade associations from paying damages to gun victims, including law enforcement, for wrongful conduct, such as lax facility security, negligent sales, or faulty designs.
For example, if this bill had passed last year, families of the DC sniper shootings would not have won a settlement against the gun dealer, who had "lost" the sniper's assault rifle along with at least 237 other guns, and against the assault weapon maker, who negligently supplied the dealer while turning a blind eye to its record of missing guns and regulatory violations.
Holding a person or company responsible for harm resulting from their negligence is an important legal principle that gun sellers in particular should be held to. Gun violence victims in the very least deserve their day in court.
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