An amendment numbered 5 printed in House Report 108-64 to limit the protection against liability lawsuits in the bill only to manufacturers of firearms and ammunition and only when their products are used in criminal activity.
What it does: 17 changes: strikes text in 8 places, replaces text in 5 places, strikes 3 provisions, renumbersDescription
Amendment sought to limit application of the bill to firearms maufacturers only.
What it changes
17 changes to H.R. 1036 · 8 shown in the bill's text
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Strikes “, distributors, dealers, and importers” at the section 2(a)(2)
StrikesIn H.R. 1036 · Reported in House
(2) Lawsuits have been commenced against manufacturers
[struck: , distributors, dealers, and importers ][inserted: ]of firearms that operate as designed and intended, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals.Original wording
In section 2(a)(2), strike “, distributors, dealers, and importers”.
Change 2: Strikes “, importation, possession, sale, and use” at the section 2(a)(3)
StrikesIn H.R. 1036 · Reported in House
(3) The manufacture
[struck: , importation, possession, sale, and use ][inserted: ]of firearms and ammunition in the United States are heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act, and the Arms Export Control Act.Original wording
(1) strike “, importation, possession, sale, and use”; and
Change 3: Replaces “are” at the section 2(a)(3) with “is”
ReplacesIn H.R. 1036 · Reported in House
(3) The manufacture, importation, possession, sale, and use of firearms and ammunition in the United States
[struck: are][inserted: is] heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act, and the Arms Export Control Act.Original wording
(2) strike “are” and insert “is”.
Change 4: Replaces “, manufacture, marketing, distribution, importation, or sale to the public” at the section 2(a)(4) with “and manufacture”
ReplacesIn H.R. 1036 · Reported in House
(4) Businesses in the United States that are engaged in interstate and foreign commerce through the lawful
[struck: design,][inserted: designand] manufacture[struck: , marketing, distribution, importation, or sale to the public ][inserted: ]of firearms or ammunition that has been shipped or transported in interstate or foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended.Original wording
In section 2(a)(4), strike “, manufacture, marketing, distribution, importation, or sale to the public” and insert “and manufacture”.
Change 5: Replaces “an entire industry” at the section 2(a)(5) with “firearm and ammunition manufacturers”
ReplacesIn H.R. 1036 · Reported in House
(5) The possibility of imposing liability on
[struck: an entire industry ][inserted: firearm and ammunition manufacturers ]for harm that is solely caused by others is an abuse of the legal system, erodes public confidence in our Nation's laws, threatens the diminution of a basic constitutional right and civil liberty, invites the disassembly and destabilization of other industries and economic sectors lawfully competing in the free enterprise system of the United States, and constitutes an unreasonable burden on interstate and foreign commerce of the United States.Original wording
In section 2(a)(5), strike “an entire industry” and insert “firearm and ammunition manufacturers”.
Change 6: Strikes “, distributors, dealers, and importers” at the section 2(b)(1)
StrikesIn H.R. 1036 · Reported in House
(1) To prohibit causes of action against manufacturers
[struck: , distributors, dealers, and importers ][inserted: ]of firearms or ammunition products for the harm caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended.Original wording
(1) strike “, distributors, dealers, and importers”; and
Change 7: Strikes “or unlawful” at the section 2(b)(1)
StrikesIn H.R. 1036 · Reported in House
(1) To prohibit causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products for the harm caused by the criminal
[struck: or unlawful ]misuse of firearm products or ammunition products by others when the product functioned as designed and intended.Original wording
(2) strike “or unlawful”.
Change 8: Replaces “, distributors, dealers, and importers of firearms or ammunition products, and trade asso…” at the section 2(b)(5) with “of firearms or ammunition products”
ReplacesIn H.R. 1036 · Reported in House
(5) To protect the right, under the First Amendment to the Constitution, of
[struck: manufacturers, distributors, dealers, and importers of ][inserted: manufacturersof ]firearms or ammunition products[struck: , and trade associations, ][inserted: ]to speak freely, to assemble peaceably, and to petition the Government for a redress of their grievances.Original wording
In section 2(b)(5), strike “, distributors, dealers, and importers of firearms or ammunition products, and trade associations,” and insert “of firearms or ammunition products”.
Change 9: Strikes “(A) In general.--” at the section 4(5)(A)
StrikesStruck: (A) In general.--
Original wording
(1) strike “(A) In general.--”;
Change 10: Strikes “or seller of a qualified product, or a trade association,” at the section 4(5)(A)
StrikesStruck: or seller of a qualified product, or a trade association,
Original wording
(2) strike “or seller of a qualified product, or a trade association,”;
Change 11: Strikes “or unlawful” at the section 4(5)(A)
StrikesStruck: or unlawful
Original wording
(3) strike “or unlawful”;
Change 12: Strikes section 4(5)(A)(i)(ii)
StrikesRemoves section 4(5)(A)(i)(ii).
Original wording
(4) strike clauses (i) and (ii);
Change 13: Strikes “or seller” at the section 4(5)(A)
StrikesStruck: or seller
Original wording
(A) strike “or seller”; and
Change 14: Replaces “sale or marketing” at the section 4(5)(A) with “design or manufacture”
Replaces[struck: sale or marketing][inserted: design or manufacture]Original wording
(B) strike “sale or marketing” and insert “design or manufacture”; and
Change 15: Strikes section 4(5)(B)
StrikesRemoves section 4(5)(B).
Original wording
In section 4(5), strike subparagraph (B).
Change 16: Strikes section 4(6)(8)
StrikesRemoves section 4(6)(8).
Original wording
In section 4, strike paragraphs (6) and (8)
Change 17: Renumbers paragraph (7) as (6)
RenumbersSection 4(6)(8)Original wording
redesignate paragraph (7) as paragraph (6).
Shown as written
In section 4(1), strike “, and, as applied” and all that follows and insert a period.
(5) in clause (iii)--
(6) redesignate and indent clauses (iii) through (v) as subparagraphs (A) through (C), respectively.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
In section 2(a)(2), strike “, distributors, dealers, and importers”.
In section 2(a)(3)--
(1) strike “, importation, possession, sale, and use”; and
(2) strike “are” and insert “is”.
In section 2(a)(4), strike “, manufacture, marketing, distribution, importation, or sale to the public” and insert “and manufacture”.
In section 2(a)(5), strike “an entire industry” and insert “firearm and ammunition manufacturers”.
In section 2(b)(1)--
(1) strike “, distributors, dealers, and importers”; and
(2) strike “or unlawful”.
In section 2(b)(5), strike “, distributors, dealers, and importers of firearms or ammunition products, and trade associations,” and insert “of firearms or ammunition products”.
In section 4(1), strike “, and, as applied” and all that follows and insert a period.
In section 4(5)(A)--
(1) strike “(A) In general.--”;
(2) strike “or seller of a qualified product, or a trade association,”;
(3) strike “or unlawful”;
(4) strike clauses (i) and (ii);
(5) in clause (iii)--
(A) strike “or seller”; and
(B) strike “sale or marketing” and insert “design or manufacture”; and
(6) redesignate and indent clauses (iii) through
(v) as subparagraphs (A) through (C), respectively.
In section 4(5), strike subparagraph (B).
In section 4, strike paragraphs (6) and (8) and redesignate paragraph (7) as paragraph (6).
Legislative Activity
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House amendment offered
April 9, 2003
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House amendment offered
April 9, 2003
House amendment not agreed to: On agreeing to the Watt amendment (A005) Failed by voice vote.
April 9, 2003 • 3:25 PM
Amendment failed in Committee of the Whole
April 9, 2003 • 3:25 PM
House amendment offered/reported by : Amendment (A005) offered by Mr. Watt.(consideration: CR H2991-2994; text: CR H2991)
April 9, 2003 • 3:01 PM
Amendment (A005) offered by Mr. Watt. (consideration: CR H2991-2994; text: CR H2991)
April 9, 2003 • 3:01 PM
On agreeing to the Watt amendment (A005) Failed by voice vote.
April 9, 2003 • 3:25 PM