[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2037 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 2037
To amend the Act establishing the Department of Commerce to protect
manufacturers and sellers in the firearms and ammunition industry from
restrictions on interstate or foreign commerce.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2001
Mr. Stearns (for himself, Mr. Aderholt, Mr. Baca, Mr. Bachus, Mr.
Ballenger, Mr. Barcia, Mr. Barr of Georgia, Mr. Bartlett of Maryland,
Mr. Barton of Texas, Mr. Bass, Mr. Bishop, Mr. Blunt, Mr. Boucher, Mr.
Brown of South Carolina, Mr. Bryant, Mr. Burr of North Carolina, Mr.
Burton of Indiana, Mr. Buyer, Mr. Calvert, Mr. Cannon, Mr. Cantor, Mr.
Carson of Oklahoma, Mr. Chabot, Mr. Cramer, Mr. Crane, Mrs. Cubin, Mr.
Culberson, Mr. Cunningham, Mrs. Jo Ann Davis of Virginia, Mr. DeLay,
Mr. DeMint, Mr. Dingell, Mr. Doolittle, Mr. Flake, Mr. Lucas of
Oklahoma, Mr. Gibbons, Mr. Goode, Mr. Goodlatte, Mr. Graham, Mr.
Graves, Mr. Hall of Texas, Mr. Hansen, Ms. Hart, Mr. Hayes, Mr. Hefley,
Mr. Herger, Mr. Hilleary, Mr. Holden, Mr. Hunter, Mr. Issa, Mr. Istook,
Mr. Jenkins, Mr. John, Mr. Johnson of Illinois, Mr. Keller, Mr. Kerns,
Mr. Largent, Mr. Lucas of Kentucky, Mr. Manzullo, Mr. Matheson, Mr.
Gary G. Miller of California, Mr. Ney, Mr. Norwood, Mr. Oberstar, Mr.
Otter, Mr. Pence, Mr. Peterson of Pennsylvania, Mr. Pickering, Mr.
Pitts, Mr. Radanovich, Mr. Rahall, Mr. Rehberg, Mr. Rogers of Michigan,
Mr. Ross, Mr. Ryan of Wisconsin, Mr. Ryun of Kansas, Mr. Sandlin, Mr.
Schaffer, Mr. Schrock, Mr. Sensenbrenner, Mr. Sessions, Mr. Shadegg,
Mr. Shimkus, Mr. Shows, Mr. Shuster, Mr. Simmons, Mr. Simpson, Mr.
Skeen, Mr. Smith of Texas, Mr. Souder, Mr. Stenholm, Mr. Strickland,
Mr. Sununu, Mr. Taylor of Mississippi, Mr. Terry, Mr. Tiahrt, Mr.
Traficant, Mr. Walden, Mr. Jones of North Carolina, Mr. Whitfield, Mr.
Wicker, and Mr. Young of Alaska) introduced the following bill; which
was referred to the Committee on Energy and Commerce, and in addition
to the Committee on the Judiciary, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Act establishing the Department of Commerce to protect
manufacturers and sellers in the firearms and ammunition industry from
restrictions on interstate or foreign commerce.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection of Lawful Commerce in
Arms Act''.
SEC 2. AMENDMENT TO ORGANIC ACT.
The Act entitled ``An Act to establish the Department of Commerce
and Labor'', approved February 14, 1903 (15 U.S.C. 1501 et seq.), is
amended by redesignating section 13 as section 14 and by inserting
after section 12 the following:
``SEC. 13. RESTRICTION ON COMMERCE.
``(a) Secretary of Commerce List.--The Secretary of Commerce shall
establish and maintain a list consisting of each person that notifies
the Secretary under subsection (b) that it is a manufacturer or seller
in interstate or foreign commerce of a firearm or ammunition product or
is a trade association representing such manufacturers or sellers. The
list shall contain the name of the person, the chief executive officer
of the person, and the address and location of the headquarters of the
person. The Secretary shall maintain and update the list and may
publish the list in the Federal Register.
``(b) Notification.--Each person that--
``(1) is a manufacturer in interstate or foreign commerce
of a firearm or ammunition product, and is licensed to engage
in business as such manufacturer to the extent required under
chapter 44 of title 18, United States Code,
``(2) is a seller in interstate or foreign commerce of a
firearm or ammunition product, and is licensed to engage in
business as such seller to the extent required under chapter 44
of title 18, United States Code, or
``(3) is a trade association representing such
manufacturers or sellers,
may notify the Secretary of its existence and provide to the Secretary
the information described in subsection (a).
``(c) Freedom From Restriction.--Conduct that--
``(1) is carried out by a manufacturer in interstate or
foreign commerce of a firearm or ammunition product, involves
such firearm or ammunition product, and is described in
paragraph (4) of subsection (d),
``(2) is carried out by a seller in interstate or foreign
commerce of a firearm or ammunition product, involves a firearm
or ammunition product, and is described in paragraph (6) of
subsection (d), or
``(3) is carried out by a trade association in the course
of organizing, advising, or representing its members who are
manufacturers in interstate or foreign commerce of a firearm or
ammunition product, or who are sellers in interstate or foreign
commerce of a firearm or ammunition product, with respect to
conduct of such manufacturers or sellers described in
paragraph (4) or (6) of subsection (d), as the case may be,
and that is lawful under chapter 44 of title 18, United States Code, or
under applicable State law, shall not be a basis for imposing a
restriction on interstate or foreign commerce on a person on the list
described in subsection (a) as a result of harm caused by the criminal
or other unlawful misuse of such firearm or ammunition product by any
other person.
``(d) Definitions.--In this section:
``(1) Ammunition product.--The term `ammunition product'
means `ammunition' as defined in section 921(a)(17) of title
18, United States Code, and includes a component part of such
ammunition product that has been shipped or transported in
interstate or foreign commerce.
``(2) Firearm product.--The term `firearm product' means
`firearm' as defined in section 921(a)(3) of title 18, United
States Code, and includes a component part of such a firearm
that has been shipped or transported in interstate or foreign
commerce.
``(3) Interstate or foreign commerce.--The term `interstate
or foreign commerce' has the meaning given that term in section
921(a)(2) of title 18, United States Code.
``(4) Manufacturer.--The term `manufacturer in interstate
or foreign commerce of a firearm or ammunition product' means--
``(A) a person who, in the course of a business in
interstate or foreign commerce to import, make,
produce, create, assemble, design, or formulate a
firearm or ammunition product, imports, makes,
produces, creates, assembles, designs, or formulates a
firearm or ammunition product, or engages another
person to import, make, produce, create, assemble,
design, or formulate a firearm or ammunition product;
``(B) a seller in interstate or foreign commerce of
a firearm or ammunition product made by another person,
but only with respect to an aspect of the firearm or
ammunition product that the seller makes, produces,
creates, assembles, designs, or formulates; and
``(C) any seller in interstate or foreign commerce
of a firearm or ammunition product on which, or on the
packaging of which, the seller is also represented as
the manufacturer of the firearm or ammunition product.
``(5) Restriction on interstate or foreign commerce.--The
term `restriction on interstate or foreign commerce'--
``(A) means--
``(i) civil damages or equitable relief, or
``(ii) any other limitation or condition,
awarded or ordered by a Federal, State, or local court,
that restricts the ability of a person listed under
subsection (a) to freely engage in interstate or
foreign commerce with respect to firearm or ammunition
products, or of a trade association listed under
subsection (a) to freely engage in lawful activities on
behalf of its membership; and
``(B) does not include any damages, equitable
relief, or other limitation or condition arising from--
``(i) breach of contract or warranty in
connection with the purchase of a firearm or
ammunition product; or
``(ii) physical injuries or property damage
resulting directly from the failure to function
or improper functioning of a firearm or
ammunition product, when used as intended, due
to a defect in design or manufacture.
``(6) Seller.--The term `seller in interstate or foreign
commerce of a firearm or ammunition product' means a person
who--
``(A) in the course of a business conducted in
interstate or foreign commerce for such purpose, sells,
distributes, rents, leases, prepares, blends, packages,
labels, or otherwise is involved in placing a firearm
or ammunition product in the stream of commerce; or
``(B) in the course of a business conducted in
interstate or foreign commerce for such purpose,
installs, repairs, refurbishes, reconditions, or
maintains an aspect of a firearm or ammunition product.
``(7) State.--The term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, and any territory of
possession of the United States.
``(8) Trade association.--The term `trade association'
means any association or business organization (whether or not
incorporated under the laws of any State), 2 or more members of
which are manufacturers or sellers in interstate or foreign
commerce of a firearm or ammunition product.''.
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