MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Rules

By: Senator(s) Ross

Senate Resolution 28

A RESOLUTION REQUESTING THE CONGRESSIONAL DELEGATION OF THE STATE OF MISSISSIPPI TO END THE ABUSE OF TORT LAW AGAINST THE FIREARMS INDUSTRY.

     WHEREAS, citizens have a right, protected by the Second Amendment to the United States Constitution, to keep and bear arms; and

     WHEREAS, lawsuits have been commenced against manufacturers, distributors, dealers and importers of firearms that operate as designed and intended, which seek money damages and other relief for the harm caused by the misuse of firearms by third parties, including criminals; and

     WHEREAS, the manufacture, importation, possession, sale, and use of firearms and ammunition in the United States are heavily regulated by federal, state and local laws, including the Gun Control Act of 1968, the National Firearms Act and the Arms Export Control Act; and

     WHEREAS, businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation or sale to the public of firearms or ammunition that have been shipped or transported in interstate of foreign commerce are not, and should not, be liable for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as designed and intended; and

     WHEREAS, thirty-three states have passed legislation protecting firearms and ammunition manufacturers, House Resolution No. 1036 passed the United States House in an overwhelming bipartisan vote of 285 to 140, and Senate Resolution No. 659 has 55 co-sponsors in the United States Senate:

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, That we do hereby request our elected Senators and Representatives in the United States Congress to end the abuse of tort laws against the firearms industry.

     BE IT FURTHER RESOLVED, That copies of this resolution be transmitted to the Mississippi congressional delegation.