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Home News & Case Notes U.S. Senate kills amended gun bill (3/4/2023) -- The U.S. Senate on March 2 rejected a bill that would have granted gun manufacturers and dealers immunity from civil liability actions resulting from misuse of their products. By a vote of 8 yeas to 90 nays, the Senate turned away the so-called Protection of Lawful Commerce Act, S. 1805 meaning that gun makers are still responsible if they sell to allegedly irresponsible gun dealers. The dramatic vote ended five days of intense debate on guns. The following is a round up of the Senate floor activity courtesy of the Association of Trial Lawyers of America: ****SENATE FLOOR ACTIVITY**** Protection of Lawful Commerce in Arms Act: By 8 yeas to 90 nays (Vote No. 30), Senate rejected S. 1805, to 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, after taking action on the following amendments proposed thereto: By 52 yeas to 47 nays (Vote No. 24), Feinstein Amendment No. 2637, to provide for a 10-year extension of the assault weapons ban. By 53 yeas to 46 nays (Vote No. 25), McCain Amendment No. 2636, to require criminal background checks on all firearms transactions occurring at events that provide a venue for the sale, offer for sale, transfer, or exchange of firearms. By 91 yeas to 8 nays (Vote No. 26), Hatch (for Campbell) Amendment No. 2623, to amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns. By 85 yeas to 12 nays (Vote No. 27), Craig (for Frist/Craig) Amendment No. 2625, to regulate the sale and possession of armor piercing ammunition. Rejected: By 34 yeas to 63 nays (Vote No. 28), Kennedy Amendment No. 2619, to expand the definition of armor piercing ammunition and to require the Attorney General to promulgate standards for the uniform testing of projectiles against body armor. Levin Amendment No. 2631, to exempt any civil action against a person from the provisions of the bill if the gross negligence or reckless conduct of the person proximately caused death or injury. (By 56 yeas to 41 nays (Vote No. 29), Senate tabled the amendment.) Withdrawn: Warner Amendment No. 2624, to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system. Lautenberg Amendment No. 2632, to require that certain notifications occur whenever a query to the National Instant Criminal Background Check System reveals that a person listed in the Violent Gang and Terrorist Organization File is attempting to purchase a firearm. Lautenberg Amendment No. 2633, to exempt lawsuits involving injuries to children from the definition of qualified civil liability action. *****SENATE PROGRAM AHEAD**** Program for Wednesday: After the transaction of any morning business (not to extend beyond 10:30 a.m.), Senate will begin consideration of S. 1637, Jumpstart Our Business Strength (JOBS) Act.   ****ADDITIONAL STATEMENTS**** HEALTHY MOTHERS AND HEALTHY BABIES ACCESS TO CARE ACT OF 2003 -- (Senate - March 02, 2023)    Mr. KYL  [Page: S1995]; NOTE: text also attached.    ****AMENDMENTS**** SA 2636. Mr. McCAIN (for himself, Mr. REED, Mr. DEWINE, Mr. LIEBERMAN, Mr. CHAFEE, Mr. CORZINE, Mr. DODD, and Mr. DURBIN) proposed an amendment to the bill S. 1805, to 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. SA 2637. Mrs. FEINSTEIN (for herself, Mr. WARNER, Mr. SCHUMER, Mr. DEWINE, Mr. LEVIN, Mr. CHAFEE, Mr. DODD, Mr. JEFFORDS, Mrs. BOXER, Mrs. CLINTON, Mr. REED, Mr. LAUTENBERG, Ms. MIKULSKI, and Mr. DURBIN) proposed an amendment to the bill S. 1805, supra. ****ADDITIONAL COSPONSORS**** H.R. 339: A bill to prevent frivolous lawsuits against the manufacturers, distributors, or sellers of food or non-alcoholic beverage products that comply with applicable statutory and regulatory requirements. Mr. FERGUSON.