Senate Delegation

Washington, D.C. - U.S. Senators Craig Thomas and Mike Enzi cosponsored legislation today that would help preserve second amendment freedoms and protect small businesses from frivolous lawsuits.

The Second Amendment Preservation Act, S. 1996, was introduced in response to lawsuits aimed at bankrupting firearm manufacturers and dealers. Over the past few years dozens of entities have sought damages for the unlawful use of a firearm when used by a third party. Thomas and Enzi said the legislation would help limit these types of lawsuits.

The bill would place a limit on the amount of attorney fees awarded to those bringing the lawsuits. It would also require that gun manufacturers, importers or dealers be reimbursed for reasonable attorney fees and court costs by those unsuccessful in suing them.

The bill would also ensure that any court decision that attempts to curtail the sale or availability of firearms would be directly appealed to the Supreme Court if the amount sued for is over $1 million or half of the net assets of the business.

"These lawsuits, with encouragement during the Clinton Administration, have become the back door means to impose gun control by subjecting manufacturers to frivolous product liability lawsuits," Thomas said. "Unfortunately gun control advocates are trying to accomplish their unrealized legislative goals through the court system."

"Allowing gun manufacturers to be sued for misuse of their product will open pandora's box for lawsuits against other manufacturers," said Enzi. "Many of the dealers and other parties being sued can't afford the sometimes hundreds of thousands of dollars it takes to defend against these often poorly reasoned lawsuits. Accountability must lie with those who are misusing the guns, not a legitimate business that some attorneys see as a deep pocket."

Thomas and Enzi joined Senator Bob Smith, R-N.H., in sponsoring the bill which has been referred to the Senate Judiciary Committee.