Sen. Salazar Statement on Passage of the Gun Liability Bill

By:  Ken Salazar
Date: July 29, 2005
Location: Washington, DC


WASHINGTON, D.C. - United States Senator Ken Salazar released the following statement on his support of S. 397, the Protection of Lawful Commerce in Arms Act, which passed the Senate today by a vote of 65 to 31:

"This gun liability legislation is commonsense. When guns are used in crimes, we should punish criminals. Responsible manufacturers and dealers should not be punished for the crimes of others. This legislation would not protect gun manufacturers from their own irresponsible or unlawful misconduct. It would allow manufacturers to be held liable when:

* a defect in design or manufacture of the product when used as intended or in a manner that is reasonably foreseeable (traditional product liability actions);
* breach of contract or warranty;
* selling to a person known to be prohibited from possessing a firearm;
* where the seller conspires with a buyer to make false statements;
* where the seller knowingly made false entries in records;
* negligent entrustment or negligence per se; and
* the transferor of a gun is convicted of knowingly committing certain federal or state felonies.

This issue is about personal responsibility. Certainly, manufacturers and dealers who act irresponsibly or in clear violation of the law should be held responsible for their actions. But criminals - not law-abiding manufacturers and dealers - should be held responsible when guns are used to commit crimes."

Thirty-three states including Colorado already have similar laws on the books.

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