H.R.1036 - Protection of Lawful Commerce in Arms Act108th Congress (2003-2004)
Summary: H.R.1036 — 108th Congress (2003-2004)
(This measure has not been amended since it was reported to the House on April 7, 2003. The summary of that version is repeated here.)
Passed House amended (04/09/2003)
Protection of Lawful Commerce in Arms Act - Prohibits any qualified civil liability action from being brought in any State or Federal court and requires pending actions to be dismissed. Defines such an action to: (1) include an action brought 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 or injunctive relief resulting from the criminal or unlawful misuse of a firearm; and (2) exclude an action brought against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; an action brought against a seller for negligent entrustment or negligence per se; an action in which a manufacturer or seller of a firearm willfully 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; an action for breach of contract or warranty in connection with the purchase of the firearm; or an action for physical injuries or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended.