H.Amdt. 63House108th Congress (2003-2005)

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, renumbers
Submitted April 9, 2003

Description

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

Strikes text in 8 placesReplaces text in 5 placesStrikes 3 provisionsRenumbers

We couldn't read part of this amendment. That part is shown as written below.

  1. Change 1: Strikes “, distributors, dealers, and importers” at the section 2(a)(2)

    Strikes

    In 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”.

  2. Change 2: Strikes “, importation, possession, sale, and use” at the section 2(a)(3)

    Strikes

    In 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

  3. Change 3: Replaces “are” at the section 2(a)(3) with “is”

    Replaces

    In 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”.

  4. Change 4: Replaces “, manufacture, marketing, distribution, importation, or sale to the public” at the section 2(a)(4) with “and manufacture”

    Replaces

    In 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”.

  5. Change 5: Replaces “an entire industry” at the section 2(a)(5) with “firearm and ammunition manufacturers”

    Replaces

    In 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”.

  6. Change 6: Strikes “, distributors, dealers, and importers” at the section 2(b)(1)

    Strikes

    In 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

  7. Change 7: Strikes “or unlawful” at the section 2(b)(1)

    Strikes

    In 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”.

  8. 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”

    Replaces

    In 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”.

  9. Change 9: Strikes “(A) In general.--” at the section 4(5)(A)

    Strikes

    Struck: (A) In general.--

    Original wording

    (1) strike “(A) In general.--”;

  10. Change 10: Strikes “or seller of a qualified product, or a trade association,” at the section 4(5)(A)

    Strikes

    Struck: or seller of a qualified product, or a trade association,

    Original wording

    (2) strike “or seller of a qualified product, or a trade association,”;

  11. Change 11: Strikes “or unlawful” at the section 4(5)(A)

    Strikes

    Struck: or unlawful

    Original wording

    (3) strike “or unlawful”;

  12. Change 12: Strikes section 4(5)(A)(i)(ii)

    Strikes

    Removes section 4(5)(A)(i)(ii).

    Original wording

    (4) strike clauses (i) and (ii);

  13. Change 13: Strikes “or seller” at the section 4(5)(A)

    Strikes

    Struck: or seller

    Original wording

    (A) strike “or seller”; and

  14. 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

  15. Change 15: Strikes section 4(5)(B)

    Strikes

    Removes section 4(5)(B).

    Original wording

    In section 4(5), strike subparagraph (B).

  16. Change 16: Strikes section 4(6)(8)

    Strikes

    Removes section 4(6)(8).

    Original wording

    In section 4, strike paragraphs (6) and (8)

  17. 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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5 earlier actions
Floor Latest Action

House amendment offered

April 9, 2003

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Floor

House amendment offered

April 9, 2003

Floor

House amendment not agreed to: On agreeing to the Watt amendment (A005) Failed by voice vote.

April 9, 2003 • 3:25 PM

Not Used

Amendment failed in Committee of the Whole

April 9, 2003 • 3:25 PM

Not Used

House amendment offered/reported by : Amendment (A005) offered by Mr. Watt.(consideration: CR H2991-2994; text: CR H2991)

April 9, 2003 • 3:01 PM

Floor

Amendment (A005) offered by Mr. Watt. (consideration: CR H2991-2994; text: CR H2991)

April 9, 2003 • 3:01 PM

Floor

On agreeing to the Watt amendment (A005) Failed by voice vote.

April 9, 2003 • 3:25 PM