GovTrack: S. 397: A bill to prohibit civil liability actions against manufacturers…of guns

Why am I posting a comment about pending legislation that seeks to limit liability to gun manufacturers? Simple. Because it would create a precedent if passed [Editor’s note:  an amended version of this Senate bill was passed into law in October 2005 (109-92)]. It would mark the first time in the history of the United States that Congress has deemed it necessary to protect an entire industry from civil liability. I’m not suggesting that the gun legislation automatically leads to protective legislation for the pharmaceutical industry in 2006–after all S.397 is fairly narrowly focused towards protections against claims of liability related to the abuse or criminal misuse of guns. It would do the pharmaceutical industry little good merely to substitute the word ‘pharmaceutical’ everywhere that ‘firearm’ appears in this legislation. However, should this gun liability legislation become law, it would serve as the signal that a legislative window has opened with room enough for pharma to shimmy through. Limited civil liability protection for pharma in 2006? Keep an eye on S.397 to see if it’s in the cards.

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