SENATE MEMORIAL 23

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Clinton D. Harden

A MEMORIAL

REQUESTING THAT THE CONGRESSIONAL DELEGATION OF THE STATE OF NEW MEXICO 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 monetary damages and other relief for 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 federal Gun Control Act of 1968, the National Firearms Act and the federal 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 has been shipped or transported in interstate or foreign commerce 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 legislation in congress supporting this measure has broad bipartisan support;

     NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF NEW MEXICO that the New Mexico congressional delegation be requested to support the end of the abuse of tort laws against the firearms industry; and

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

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