A measure under consideration in the South Carolina legislature would fight back against those attempting to hold firearms companies liable for criminal misuse of their legally made, lawfully sold products.
While the federal Protection of Lawful Commerce in Arms Act, passed back in 2005, was designed to do just that, many states have chosen to pass stronger laws to protect firearm industry members in their own states. South Carolina is the latest such state, with House Bill 4723 currently under consideration.
And the measure has garnered the support of at least one major gun-rights organization.
“A critical pro-Second Amendment bill has just been pre-filed in South Carolina, and we need your help to ensure it becomes law,” Gun Owners of America (GOA) wrote in an alert to members in the state. “House Bill 4723, the South Carolina Protection of Lawful Commerce in Arms Act, was recently introduced by Rep. Chris Wooten of District 69. This bill would strengthen South Carolina law by prohibiting so-called ‘qualified civil liability actions’ that attempt to hold firearm manufacturers, dealers, and sellers liable for a criminal’s misuse of their lawful products.”
Like similar laws that have been passed in several other states over the past few years, HB 4723 would protect law-abiding gun makers, sellers and owners from unfair and politically motivated lawsuits; stop anti-gun activists from abusing the courts with lawsuit schemes that place unjustified strain on the firearms industry; allows real lawsuits when there is actual negligence, a defective product or criminal wrongdoing from the company; and uphold he Palmetto State’s Second Amendment rights and the protections in the state constitution
GOA is encouraging its South Carolina members to contact their legislators in support of the measure, and it provides an email for gun owners to send to the legislature with a single click.
“This bill is important because it protects law-abiding gun manufacturers, sellers, and citizens from being held responsible for crimes they did not commit,” the email states. “Frivolous lawsuits against lawful gun makers, sellers, and owners waste time and money, threaten local businesses, and make it harder to focus on real public safety. House Bill 4723 protects law-abiding gun makers, sellers, and owners from unfair and politically motivated lawsuits and prevents the courts from being misused in ways that could harm legitimate businesses. It still allows real lawsuits when there is actual negligence, a defective product, or criminal wrongdoing from the company, while upholding South Carolina’s Second Amendment rights and the protections in the state constitution.
“As your constituent, I will be closely watching where you stand on this bill, and I am counting on you to do the right thing and support House Bill 4723.”
Ultimately, GOA stressed that with their action, South Carolina members can be instrumental in the passage of the measure.
“Anti-gun groups have made it clear in the past: If they can’t ban firearms outright, they will try to destroy the right to keep and bear arms through the courts by bankrupting arms companies and gun dealers,” GOA wrote. “HB 4723 shuts that strategy down.”
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