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Montana committee narrows path for suits against firearms makers with HB 801
Summary
The Senate Judiciary Committee on Thursday passed HB 801, the Montana Firearms Liability Clarifying Act, which tightens the state predicate for negligent-marketing claims against gun and ammunition makers and passed out of committee on a 5–3 roll-call vote.
Representative Shannon Maness, sponsor of House Bill 801, told the Senate Judiciary Committee the bill would ‘‘set up the Montana Firearms Liability Clarification Act’’ to narrow an exception to the federal Protection of Lawful Commerce in Arms Act and protect local firearms and ammunition businesses.
The bill would limit negligent-marketing claims to cases where a manufacturer knowingly targets people legally prohibited from owning firearms, encourages unlawful use, or where a direct causal link exists between marketing and the plaintiff’s harm. Maness said the goal is to give Montana manufacturers clearer defenses and protect local jobs.
Montana Attorney General Austin Knudsen, a proponent, urged passage and described a national trend of plaintiffs seeking to expand the predicate exception. ‘‘There is a state path to get into the PLCAA… and what we want to do is make sure that that exception is as narrow as Congress intended,’’ Knudsen said, adding the measure would help the state recruit firearm-related businesses.
Opponents included the Montana Trial Lawyers Association. Alice Smith said federal law already shields manufacturers and argued the change is unnecessary for Montana: ‘‘I think the federal law already provides sufficient protection… there’s no cases like this in Montana,’’ she told the committee.
During committee questioning senators raised possible constitutional questions, including whether HB 801 implicates Article II, Section 16 of the Montana Constitution and how the bill’s attorney-fee language would interact with Montana’s fee rules. Witnesses answered that such constitutional and equal-protection questions would be litigated if a case arose but emphasized that the kinds of suits the bill targets are rare in Montana.
Senator Mansella moved executive action; the committee voted by roll call with five yes and three no votes. The committee report noted the motion ‘‘passes’’ and recorded that House Bill 801 has been concurred in and passed out of the Senate Judiciary Committee. The committee also designated Senator Mansella as the floor sponsor.
