According to a Federalist Society report on the American Bar Association: "President Alfred P. Carlton Jr. expressed the ABA's strong opposition to S.659, the "Protection of Legal Commerce in Arms Act." The bill, which Carlton called a "sweeping federal intrusion into traditional state responsibilities for designing and administering state tort law," would prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages resulting from the misuse of their products by others. Carlton argues that this bill, if passed, would preempt state laws and would block claims of intentional disregard of gun dealer misbehavior and accidents involving teens and children with guns produced and sold without safety devices. The Association maintains that the bill's proposed "unprecedented immunity from state liability" would result in "irresponsible federal oversight of consumer safety issues." Proponents maintain that the legislation would help curb lawsuit abuse and that one, uniform standard is justifiable under the Commerce Clause."
C Eichhorn Powhatan, VA
