Jim Sensenbrenner: “Mr. Chairman, logic and fairness dictate that manufacturers and sellers should not be held responsible for the unlawful…”

“Mr. Chairman, logic and fairness dictate that manufacturers and sellers should not be held responsible for the unlawful use of their lawful products. H.R. 1036 will stop ludicrous lawsuits against the manufacturer or seller of firearms for harm resulting from the criminal or unlawful misuse of their products by prohibiting such lawsuits from being filed in State or Federal court. H.R. 1036, which has significant bipartisan support, does not preclude lawsuits against a person who transfers a firearm or ammunition knowing that it will be used to commit a crime of violence or a drug trafficking crime. It also does not prevent lawsuits against a seller for negligent entrustment or negligence per se. The bill also includes several additional exceptions, including an exception for actions in which a manufacturer or seller of a qualified product knowingly and willfully violates any State or Federal statute applicable to sales or marketing when such violation was a proximate cause of the harm for which relief is sought. Other exceptions include actions for breach of contract or warranty and an exception for actions for damages resulting directly from a defect in design or manufacture.”