The U. S. House of Representatives has approved H.R. 1036, the Protection of Lawful Commerce in Arms Act, introduced by Rep. Cliff Stearns (R-FL). Enjoying the strong bipartisan support of 251 cosponsors, H.R. 1036 addresses the growing problem of junk 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.

“This measure provides protection only against suits based on the criminal or unlawful acts of third parties-not against their own negligent or criminal conduct,” explained Stearns. Under this bill, manufacturers or sellers must operate entirely within federal and state law and are still liable for acts of negligence and for defective products. Thirty-two states, including Texas, have passed legislation prohibiting these types of lawsuits. "H.R. 1036 mirrors at the national level what these states have done," said Stearn.

The Senate version, S. 659, by Senators Larry Craig (R-Idaho) and Max Bancus (D-Mont.), has 54 co-sponsors, including Democratic Whip Harry Reid (D-Nev.), whose endorsement will help other rural and western Democrats support the bill.

However, California Sen. Dianne Feinstein has threatened to filibuster the bill, which requires 60 votes to stop. According to published accounts, neither side has enough votes to maintain or defeat a filibuster, but Sen. Craig has stated they are “getting close” to having the 60 votes.

The five House amendments, which failed by 2-1 margins, and are certain to be seen again in the Senate if the bill ever gets to a vote. The amendments would have allowed liability lawsuits for “knowing and willful” sales to criminals, or for negligence.

The House bill does allow lawsuits if the licensee has been convicted. Without the conviction requirement, cities, individuals or organizations like the NAACP (whose lawsuit seeking judicial imposition of “gun control” that is now being tried in Brooklyn) could not continue to be brought on an allegation of “negligence” or “illegal sales.”

The day before the House vote the White House issued a statement that: “The  manufacturer or seller of a legal, non-defective product should not be held liable for the criminal or unlawful misuse of that product by others.”