American Council on Consumer Awareness, Inc. · Consumer Federation of America · Democratic Processes Inc (AZ) · Arizona Consumers Council · Consumer Action (CA) · Florida Consumer Action Network · Champaign County Health Care Consumers (IL) · Illinois Council Against Handgun Violence · Iowans for the Prevention of Gun Violence · Mid-Atlantic Coalition to Prevent Gun Violence · Maryland Consumer Rights Coalition · Massachusetts Consumers' Coalition · CEASEFIRE NEW JERSEY · Empire State Consumer Association (NY) · New Yorkers Against Gun Violence · Ohio Coalition Against Gun Violence · Safe Ohio · Oregon Consumer League · CeaseFire PA · Virginia Citizens Consumer Council · Center for Public Representation (WI)

September 18, 2002

The Honorable W.J. Tauzin
U.S. House of Representatives
Washington, DC 20515-1803

Dear Representative Tauzin:

The undersigned organizations oppose H.R. 2037, "The Protection of Lawful Commerce in Arms Act," which would create immunity from civil liability to gun manufacturers, sellers, and trade associations. We oppose H.R. 2037 because it would restrict the rights of consumers to their only recourse for gun industry negligence. This bill would also preempt state-developed tort law with a federally-imposed rule. We ask you to please oppose H.R. 2037.

Although changes were made to H.R. 2037 in subcommittee, they failed to address existing problems in the bill and created some new ones. For example, the bill’s new language adds "suicidal" and "negligent" conduct to the list of harms precipitating the suit. The operative language in §13(c) now reads, "harm caused by the criminal, suicidal, negligent, or other unlawful misuse of any such firearm or ammunition product by any other person."

Inclusion of "negligent" conduct could prohibit suits where a defective firearm discharges unintentionally when dropped or bumped. Many firearms contain defects in design or manufacture making them likely to unintentionally discharge. Guns with safety-related defects can kill or seriously injure gun consumers and innocent bystanders, including children. This sad consequence is solely the result of the firearm industry’s exemption from basic health and safety regulation. Currently, the only protection afforded those hurt by defective guns is to file a lawsuit after a victim is killed or injured. This bill would take away that protection.

One example of this type of negligence is the Remington 700, the most popular bolt-action hunting rifle in America. The rifle contains two design defects, which cause the rifle to fire unintentionally when the gun is jarred or when the bolt of the gun is moved. In 1994, a Texas jury awarded $15 million in punitive damages to a hunter who shot himself in the foot when a Remington Model 700 rifle discharged without the trigger being pulled. The plaintiff uncovered company documents which revealed that Remington was aware the rifle contained a defect that allowed it to fire without the trigger being pulled—but chose not to market a safer design it had developed. Documents also showed that Remington refused to recall the gun even though its own internal product safety committee determined that many Model 700s could fire without the trigger being pulled.

Unlike virtually all other consumer products in America—from toys to jumbo jets—guns are not regulated for health and safety. The tort system is the only way to make the gun industry accountable when its negligent conduct harms consumers. We ask you to OPPOSE H.R. 2037. Thank you for doing the right thing for all Americans.

Sincerely,

American Council on Consumer Awareness, Inc.
Consumer Federation of America
Democratic Processes Inc. (AZ)
Arizona Consumers Council
Consumer Action (CA)
Florida Consumer Action Network
Champaign County Health Care Consumers (IL)
Illinois Council Against Handgun Violence
Iowans for the Prevention of Gun Violence
Mid-Atlantic Coalition to Prevent Gun Violence
Maryland Consumer Rights Coalition
Massachusetts Consumers' Coalition
CEASEFIRE NEW JERSEY
Empire State Consumer Association (NY)
New Yorkers Against Gun Violence
Ohio Coalition Against Gun Violence
Safe Ohio
Oregon Consumer League
CeaseFire PA
Virginia Citizens Consumer Council
Center for Public Representation (WI)