S. 397 Shields the Reckless Marketing Tactics of the Unregulated Gun Industry

The firearms industry–along with the tobacco industry—is America’s last unregulatedconsumer product manufacturer. Unlike virtually every other consumer product—fromtoys to automobiles—firearms and ammunition are subject to no federal safetyoversight, and commerce in guns is subject to only limited restrictions. Therefore, thecivil justice system serves as the only "regulation" of the gun industry. Litigation isthe only mechanism available to consumers and victims of firearms violence to holdthe gun industry accountable when it acts negligently or recklessly.

A top priority of the National Rifle Association, S. 397 would protect the gun industryfrom civil liability in circumstances where the industry’s conduct contributes tocriminal or “unlawful misuse” of a firearm.

Just Who Will be Protected by S. 397?

The bill would virtually eliminate suits that challenge gun industry marketing anddistribution practices, no matter how reckless.

It would shield manufacturers that promote their military-style weapons for use in“close quarters battle urban scenarios” against “any foe at any range.”

“close quarters battle urban scenarios” against “any foe at any range”

2

It would protect gunmakers that tout the military pedigree of their weapons, bragging,“The Guns of the Special Forces are Now on Sale in America!”

It would protect manufacturers that market their sniper rifles as the guns used by theFederal Bureau of Investigation to “fulfill its sniper rifle needs,” a need unlikely to includehunting animals.

“The Guns of the Special Forces are Now on Sale in America!”

“fulfill...sniper rifle needs”

3

It would protect the manufacturer of a 50 caliber anti-armor sniper rifle that markets itsgun as the perfect weapon to destroy jet aircraft. According to the promotional materialof Barrett Firearms:

The compression sections of jet engines or the transmissions of helicopters are likelytargets for the weapon, making it capable of destroying multi-million dollar aircraftwith a single hit delivered to a vital area. The cost effectiveness of the Model 82A1cannot be overemphasized when a round of ammunition purchased for less than $10can be used to destroy or disable a modern jet aircraft.

The bill would protect the manufacturer of one of the assault weapons used in the 1999Columbine high school massacre. Hi-Point markets their 9mm assault rifles as the “Hottestgun since the SKS!” The SKS is an imported assault rifle so frequently seized in crime andused to kill law enforcement officers that the Clinton Administration banned imports fromChina and Russia.

“The cost effectiveness of the Model 82A1 cannot be overemphasized when a round of ammunitionpurchased for less than $10 can be used to destroy or disable a modern jet aircraft.”

“Hottest gun since the SKS!“

4

And it would protect manufacturers and importers who are now selling SKSs manufacturedin Yugoslavia that come already equipped with grenade launchers.

Conclusion

These are just a few examples of such gun industry practices. Congress should noteliminate the right of a victim to have a jury decide whether these gun industry marketingtactics encourage a mass shooter or lone wolf terrorist to use a manufacturer’s gun in a“criminal” or “unlawful” act.

***For more information, please contact Violence Policy Center Legislative Director KristenRand at 202-822-8200 x102 or krand@vpc.org. The Violence Policy Center is a nationaleducational organization working to reduce firearms death and injury in America.

“comes with grenade launcher”