S. 397 (109th): Protection of Lawful Commerce in Arms Act

Feb 16, 2005 (109th Congress, 2005–2006)
Signed by the President on Oct 26, 2005
Slip Law:
This bill became Pub.L. 109-92.

This bill was enacted after being signed by the President on October 26, 2005.

Feb 16, 2005
Reported by Committee
Feb 17, 2005
Passed Senate
Jul 29, 2005
Passed House
Oct 20, 2005
Signed by the President
Oct 26, 2005
Larry Craig
Senator from Idaho
Read Text »
Last Updated
Oct 28, 2005
9 pages
Related Bills
S. 1806 (108th) was a previous version of this bill.

Reported by Committee
Last Action: Nov 03, 2003

H.R. 800 (Related)
Protection of Lawful Commerce in Arms Act

Reported by Committee
Last Action: May 25, 2005

Full Title

A bill to prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their products by others.


No summaries available.

Jul 26, 2005 12:53 p.m.
Cloture Motion Agreed to 66/32
Jul 29, 2005 5:11 p.m.
Bill Passed 65/31
Oct 20, 2005 11:53 a.m.
Passed 283/144

61 cosponsors (49R, 12D) (show)
Primary Source

THOMAS.gov (The Library of Congress)

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S. stands for Senate bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

10/26/2005--Public Law.
Protection of Lawful Commerce in Arms Act -
Section3 -
Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm.
Requires pending actions to be dismissed.
Excludes from such prohibition actions:
(1) brought by a directly harmed party against a person who transfers a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime;
(2) brought against a seller for negligent entrustment or negligence per se;
(3) in which a manufacturer or seller of a firearm knowingly violated 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) for breach of contract or warranty in connection with the purchase of the firearm;
(5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that where the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage; or
(6) commenced by the Attorney General to enforce firearms provisions under the federal criminal code or the Internal Revenue Code. Permits a person under age 17 to recover damages authorized under federal or state law in a civil action that meets specified requirements.
Section5 -
Child Safety Lock Act of 2005 - Prohibits the sale, delivery, or transfer by a licensed importer, manufacturer, or dealer of a handgun to any person other than a person with a firearms license unless the transferee is provided with a secure gun storage or safety device.
Lists exceptions, including for U.S. and state agencies and for law enforcement.
Grants immunity from a qualified civil liability action for a person who has lawful possession and control of a handgun and who uses a secure gun storage or safety device.
Establishes as penalties for violations:
(1) license revocation or suspension for up to six months; or
(2) a civil penalty of up to $2,500.
Section6 -
Sets penalties for using or carrying armor piercing ammunition during and in relation to a crime of violence or a drug trafficking crime, and for possessing armor piercing ammunition in furtherance of any such crime, that shall be in addition to the punishment otherwise provided for such crime.
Directs the Attorney General to conduct and report to the chairman and ranking member of the House and Senate Judiciary Committees on a study to determine whether a uniform standard for the testing of projectiles against body armor is feasible.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

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