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Protection of Lawful Commerce in Arms Act (Introduced in the House)
Josey1
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Protection of Lawful Commerce in Arms Act (Introduced in the House)HR 2037 IH 107th CONGRESS1st SessionH. R. 2037To 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 REPRESENTATIVESMay 25, 2001Mr. 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 BILLTo 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 describedin 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.'. http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.2037:
A BILLTo 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 describedin 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.'. http://thomas.loc.gov/cgi-bin/query/z?c107:H.R.2037:
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I can't come to work today. The voices said, STAY HOME AND CLEAN THE GUNS!