Washington–A bill with insurers' backing that would shield gun manufacturers and sellers from liability lawsuits if a legally sold gun is used in a crime passed the Senate today, effectively paving the way for the measure to become law.
The legislation, known as S. 397 or the Protection of Lawful Commerce in Arms Act, was introduced by Sen. Larry Craig, R-Idaho.
Several groups representing both agents and insurance companies–including the American Insurance Association, the Council of Insurance Agents and Brokers, the Independent Insurance Agents & Brokers of America, the National Association of Mutual Insurance Companies, and the Property Casualty Insurers Association of America–expressed their support for the bill in a letter sent to Majority Leader Bill Frist, R-Tenn., July 20.
"We urge you to bring S. 397 to the Senate floor for debate before the Senate adjourns for the August recess and to vote 'no' on any amendments that may be introduced during floor consideration," the groups said in their letter to Sen. Frist.
"In recent years there has been an increase in speculative lawsuits designed to achieve policy objectives through the judicial process," the letter said.
A companion bill, known as H.R. 800, is currently awaiting action in the House, having been passed by the Judiciary Committee. Passage there is generally expected, as similar legislation was passed last year by a vote of 285-145 and has been supported in the House by similar margin over the last several years.
Opponents of the legislation have criticized it as a means of letting the gun industry off the hook. In a statement released before the vote, the Centers for Justice and Democracy noted that the legislation would prohibit lawsuits against gun sellers even if the seller was negligent, and that "individuals, such as the victims of the DC sniper, as well as local governments, would lose their rights."
The group argued that guns are "virtually the last unregulated consumer product in the United States," claiming that neither the Consumer Product Safety Commission nor the Bureau of Alcohol, Tobacco and Firearms has the power to ensure that guns meet basic health and safety standards.
"Since the gun industry remains unchecked by any regulatory or legislative authority, civil lawsuits remain the only mechanism that can force firearms manufacturers and dealers to change their behavior, thereby protecting the public from future harm," the group said.
Families of shooting victims in the Washington, D.C. sniper case have reportedly secured a $2.5 million settlement from a Washington State gun dealer.
Families of two New Jersey police officers who were seriously wounded by a robbery suspect received $1 million to settle a case against a West Virginia dealer, according to the Philadelphia Daily News.
Article updated July 31
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