AHSA believes gun manufacturers, distributors and dealers should not be held civilly liable solely for the criminal acts of third parties who injure or kill innocent victims. Manufacturers, distributors or dealers who knowingly and willfully violate the law or conduct themselves in an unlawful manner should not be immune from civil liability.

AHSA believes manufacturers of lawful products should not be held responsible for the criminal acts of third parties unless it can be proven by a preponderance of the evidence that the manufacturer, authorized distributor or dealer aided or participated in the unlawful act, or through negligence or other willful conduct, contributed to the unlawful act.

Over the past few years, some municipal governments have filed civil suits against gun makers alleging that manufacturers and dealers should be held liable for the criminal acts of third parties who caused the injury and death of innocent victims.

Legislation recently passed by the United States Senate would "immunize" the firearm industry from such lawsuits. The Senate bill, S. 397, would shield the firearm industry from most third party suits, yet expressly allow actions based on knowing violations of federal or state law related to gun sales, or on traditional grounds including negligent entrustment (such as sales to a child or an obviously intoxicated person) or breach of contract. The bill would also allow product liability cases involving actual injuries caused by an improperly functioning firearm. Cases involving the intentional misuse of a firearm would be prohibited.

Thirty-three states have enacted some form of immunity statute.

The support or opposition to legislative initiatives depends in large part on the actual language of a specific legislative proposal. AHSA supports restrictions on the filing of civil law suits against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for harm solely caused by the unlawful misuse of a firearm or ammunition by criminals. The current amended version of S.397 has been carefully drafted to only shield manufacturers, distributors, dealers and their trade associations from actions based upon the criminal acts of third parties, and preserves actions based upon most traditional legal theories. Amendments agreed to by the Senate also strengthen the measure.

Companion legislation awaiting action in the House of Representatives, H.R.800, differs in is some key respects from S.397.

Specifically, the current provisions of H.R. 800 would make it extremely difficult for the Attorney General to enforce key provisions of the Gun Control Act of 1968. (Chapter 44 of title 18 or chapter 53 of title 26, United States Code.) Specifically, H.R.800 would hamper efforts by the Bureau of Alcohol, Tobacco, Firearms and Explosives to revoke the licenses of gun manufacturers or dealers that violate federal or state gun laws.

AHSA supports S. 397 the Protection of Lawful Commerce in Arms Act in it's current form and urges the House of Representatives to amend H.R. 800 to conform to the provisions of S.397.