Protection of Lawful Commerce in Arms Act

Sponsor: LARRY CRAIG (R-ID)

Protection of Lawful Commerce in Arms Act - (Sec. 3) Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. Excludes from such prohibition actions: (1) brought by a directly harmed party against a person who transfers a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly violated a state or federal statute applicable to the sale or marketing of the firearm and the violation was a proximate cause of the harm for which relief is sought; (4) for breach of contract or warranty in connection with the purchase of the firearm; (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that where the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage; or (6) commenced by the Attorney General to enforce firearms provisions under the federal criminal code or the Internal Revenue Code.

Law Topic assigned by the Congressional Research Service.