HOUSE JOINT MEMORIAL 54

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Joe Thompson

A JOINT MEMORIAL

REQUESTING CONGRESS 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 that 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 is 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 are not, and should not be, liable for the harm caused by those who criminally or unlawfully misuse firearms or ammunition that function as designed and intended; and

     WHEREAS, thirty-three states have passed legislation protecting firearms and ammunition manufacturers, and the legislation pending in congress to prohibit civil liability actions against the firearms industry has broad support, as evidenced by the overwhelming bipartisan vote of two hundred eighty-five to one hundred forty in the house of representatives in favor of the legislation and the cosponsorship of the legislation by more than half of the United States senate;

     NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO that congress be requested to approve legislation to end the abuse of tort laws against the firearms industry; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the members of the New Mexico congressional delegation.

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