HSSHF/Firearms Industry: Legal Resources and Information

Is the Firearms Industry Regulated?

Anti-gun groups claim that the firearms industry is unregulated.

Is that true? Not even remotely.

THE CLAIM: The firearms industry is unregulated. Anti-gun groups claim that because Congress decided not to give jurisdiction over the industry to the Consumer Products Safety Commission (CPSC) that the firearms industry is “unregulated.”

THE TRUTH: Congress decided not to give regulatory authority over the industry to the CPSC because Congress had already established an entire federal agency, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), to regulate the industry and to enforce our nation’s firearms laws. Additionally, the industry is regulated by a myriad of state and local laws. There are over 20,000 laws that govern and regulate the sale and distribution of firearms. It is one of the most heavily regulated industries in America.

THE CLAIM: Only the firearms industry is not regulated by the CPSC. Why is the firearms industry the only industry not regulated by the CPSC?

THE TRUTH: Many industries, including the motor vehicles industry and aircraft and aircraft engine industry, to name just a few, are not regulated by the CPSC. Does that mean these industries are unregulated? No, of course not. Ever hear of the FAA?

The firearms industry is one of the nation’s most regulated industries. Tens of thousands of federal, state and local laws and regulations regulate the products they manufacture, distribute and sell.

Anti-gun groups are willing to do and say anything, even lie, in their zeal to try to bankrupt and destroy the firearms industry. That is why a bi-partisan majority of both houses of Congress is sponsoring the Protection of Lawful Commerce in Arms Act (S.659/H.R. 1036) that would stop junk lawsuits that try to blame gun makers for the actions of criminals. Congress is following the lead of over 30 states that have already enacted similar laws to stop these kinds of frivolous suits, and, importantly, like the Protection of Lawful Commerce in Arms Act, protect the rights of truly injured plaintiffs to have their day in court.

Passage of this common sense legislation will restore integrity and fairness to our judicial system by eliminating junk lawsuits that threaten to destroy America's “Arsenal for Democracy” and eliminate thousands of manufacturing jobs. According to a recent poll conducted by the American Tort Reform Association, 83.4% of Americans believe there are too many lawsuits in America. Another recent poll conducted by the U.S. Chamber of Commerce found that 69% of Americans would be more favorable toward their Senator or Representative if they voted to reform the way class action lawsuits are handled in the United States.

Is the Firearms Industry regulated? You bet it is.

Pass the Protection of Lawful Commerce in Arms Act

The Protection of Lawful Commerce in Arms Act seeks to protect firearms and ammunition manufacturers from being sued for the criminal misuse of their lawful products by third parties. This legislation seeks to prevent abuses to the American legal system.

Only passage of the Protection of Lawful Commerce in Arms Act (HR 1036 / S 659) will eliminate these frivolous lawsuits that threaten to destroy one of America's oldest, most important industries and eliminate the jobs of thousands of Americans. With 243 co-sponsors in the House of Representatives and 51 co-sponsors in the Senate, the Act enjoys strong bi-partisan support.

On Thursday, April 3, 2003 the Act was passed out of the House Judiciary Committee and onto the whole House by an overwhelming majority of votes. This was the last legislative hurtle the Act had to clear before it could be voted on by the entire House of Representatives. The House is expected to vote on the Act in the near future. See Testimony of Lawrence G. Keane

According to a recent national poll conducted by the U.S. Chamber of Commerce, 69% of Americans would be more favorable toward their Senator or Representative if they voted to reform the way class action lawsuits are handled in the United States. A recent poll conducted by the American Tort Reform Association found that 83.4% of Americans believe there are too many lawsuits in America.

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