The Gun Industry Immunity Bill (S.659, 2003)
The National Education Association opposes the Gun Industry Immunity bill (or Firearms Manufacturers Protection Bill), which passed the House by a wide margin in early April 2003 and will next be considered by the Senate. The legislation, S. 659, is co-authored by Senators Larry Craig and Max Baucus and has the support of 52 sponsors in the Senate. As a controversial bill, it will need 60 votes to avoid being blocked.
S. 659 gives gun manufacturers, distributors, and retail dealers immunity from virtually all lawsuits without asking for any accountability or responsibility from the industry. As reported by the New York Times and the Washington Post, it would make gun dealers and gunmakers the only industry in the nation exempt from lawsuits. The legislation would:
- Prohibit any individual, organization, city, or state from suing gun manufacturers, distributors, dealers, or importers of firearms unless they knowingly violated a federal law or created a defective product; and
- Prohibit civil lawsuits in cases where:
- A manufacturer knew but still supplied firearms to a retail dealer who intentionally sold firearms to criminals;
- A manufacturer advertised a firearm as fingerprint proof to attract criminals to that particular model of gun;
- A retail dealer was caught on tape selling firearms without a background check;
- A retail dealer was caught on tape advising a criminal to use a straw purchaser to buy a gun;
- A retail dealer fails to keep the records required by law to trace guns recovered in crimes;
- A child is killed by an accidental discharge from a firearm without a load indicator to show that cartridge is in the chamber;
- A child is killed by an accidental discharge from a firearm without a safety; and
- Gun manufacturers and dealers are found to conspire to flood the firearms market in high crime areas.
The gun industry and the National Rifle Association have made passing S. 659 their main legislative priority this year. While they seek blanket immunity against lawsuits, they oppose reasonable measures to ensure industry accountability or responsibility, such as:
- The McCain bill requiring criminal background checks at gun shows;
- The Feinstein-Schumer bill to renew the assault weapons ban; and
- Initiatives to allow federal law enforcement to inspect, suspend, and fine corrupt gun stores (e.g., the Bull's Eye Shooters Club, the gun store which supplied the Bushmaster rifle to the DC-area snipers and which is missing more than 230 other guns from its inventory).
Numerous national, state and local organizations have stated their opposition to S.659, including the National League of Cities, the United States Conference of Mayors, and the National Association for the Advancement of Colored People (NAACP). For a comprehensive list, see http://www.justiceforgunvictims.org/.
