State Rep. Terry Roy simulates holding a pistol in arguments over a bill to limit liability for gun manufacturers in some instances. Gov. Kelly Ayotte signed it into law May 23. (Screenshot)
Gov. Kelly Ayotte has signed into law a bill that will limit product liability for firearms manufacturers like Newington-based Sig Sauer, which has faced numerous lawsuits over its P320 pistol.
The company denies claims in these lawsuits that the weapon has safety issues, although it says there have been isolated instances of it going off if dropped. It says the semi-automatic handgun is safe as is, but is offering a free voluntary upgrade of the weapon.
House Bill 551 as amended took effect with the governor’s signature May 23. It mandates that New Hampshire firearm manufacturers and those holding federal licenses to sell firearms in the state will not be liable in product liability lawsuits for the absence of certain gun safety mechanisms.
In an emailed statement to The Sentinel on May 27, the governor’s office said Ayotte “is proud to protect New Hampshire companies that create thousands of good-paying jobs from frivolous lawsuits. Out-of-state trial lawyers looking to make money will not find a venue in New Hampshire.”
The original bill was not controversial.
It repealed some local licensing requirements for the sale of pistols.
But on May 8, the Senate amended HB 551 to include the product liability language and passed it in a party-line vote. The House approved it May 22, and the governor signed it the next day.
Rep. David Meuse, D-Portsmouth, said in an interview May 27 there was little or no opportunity for public comment on the product liability amendment.
“Sig Sauer is a gun company with active lawsuits against it,” he said. “This was done for Sig Sauer. Their fingerprints are totally all over it. And the way that it was done, and the way that they were accommodated, it just absolutely stinks.”
Bills cannot apply retroactively, so it won’t affect pending litigation, but will apply to attempts to file product liability suits in the future, he said.
Rep. Terry Roy, R-Deerfield, testified in favor of HB 551 before the House on May 22.
He pointed out that people can still sue gun manufacturers if there is a defect in a weapon. The bill, he noted, prohibits claims against these manufacturers for not including optional safety mechanisms, such as a trigger lock that has to be released before the gun can fire.
He compared such devices as optional equipment on a car.
“Do you want people to be able to sue auto manufacturers because they sell cars that don’t have air conditioning?” he asked. “We should not be allowing lawsuits against companies because they don’t have all the features that people who don’t like the product want.”
Sig Sauer says on its website that it is offering upgrades to the P320 pistol, because “we have confirmed that usually after multiple drops, at certain angles and conditions, a potential discharge of the firearm may result when dropped.
“Although it is a rare occurrence, with very specific conditions, Sig Sauer is offering an upgrade to all of its current P320 owners.”
A company spokesperson did not address specific questions about the legislation but referenced the website.
Sen. Donovan Fenton, D-Keene, said in an interview May 27 that HB 551 is a “scary, scary bill.”
“It’s protecting gun corporations instead of people, and I don’t really understand why we’re giving special legal protection to gun manufacturers,” he said. “This isn’t about 2nd Amendment rights; this is about legal immunity for corporations. That’s terrifying.“
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