Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Firearms Product Liability topic
No spam. Unsubscribe anytime.
House votes to concur on changes to HB 551 shielding firearm designs from some liability
Summary
The New Hampshire House voted to concur with Senate changes to House Bill 551, a measure that limits product-liability claims tied to optional safety features on firearms. Lawmakers debated whether the amendment would block legitimate lawsuits over unintended discharges before adopting the concurrence; a later motion to reconsider failed.
The New Hampshire House voted to concur with the Senate amendments to House Bill 551 after a roll-call vote and later rejected a motion to reconsider the concurrence.
The bill, as amended, narrows liability for firearm manufacturers and federally licensed firearms dealers (FFLs) by specifying that the absence of certain optional safety features cannot by itself be treated as a product defect for civil liability purposes. Supporters said the change protects manufacturers from lawsuits over design choices; opponents said it could deny consumers their day in court.
Representative Terry Roy moved the motion to concur and urged passage, saying the amendment preserves existing liabilities for "an actual manufacturing defect" and for failures to meet express warranties. "Nothing in this section shall be construed to limit liability for a firearm manufacturer or FFL in cases where the claimant establishes that the firearm contained an actual manufacturing defect or failed to operate in a manner consistent with the manufacturer's express warranty or representations," Roy said during debate.
Representative Ethan Muse spoke against concurrence, citing litigation over the SIG Sauer P320 and stating the amendment "expands liability exemptions for firearms manufacturers in a way that should be unacceptable to all of us." Muse warned that the change could prevent juries from considering evidence that the absence of marketed safety options contributed to harm: "...this bill would prevent gun owners who believe they have been harmed by a defective, unmodified product from having their day in court," he said.
The House proceeded with a roll-call vote after Representative Sweeney requested one. The clerk announced the state of the vote and that the committee conference report was adopted. A subsequent motion to reconsider the concurrence was brought to the floor and put to a division vote; that motion failed.
Discussion chiefly turned on whether the amendment created a new de facto immunity for manufacturers who market optional features, and on distinguishing product defects from voluntary design choices. Supporters repeatedly emphasized that the amendment preserves remedies for proven manufacturing defects and breach of express warranties, while opponents cautioned that aggressive marketing of optional features to inexperienced purchasers could create safety gaps if the option to sue were narrowed.
The House record shows the concurrence passed and the later motion to reconsider did not prevail. No further amendments to HB 551 were adopted on the floor during the session reported.
