SALEM — Gun makers or sellers could not be sued for damages caused by illegal use of firearms under a bill easily approved Tuesday by the House.

The measure went to the Senate on a 39-17 vote despite opponents' claims that it is constitutionally flawed.

Backers of the bill said the gun industry is prone to harassment by opponents who have brought lawsuits without merit around the country in hopes of making a legitimate business liable for criminals' acts.

Lawmakers need to protect the industry "from frivolous lawsuits that intend to run it out of business,'' said Rep. Chuck Burley, R-Bend.

The bill, which also covers ammunition, is sought by Nosler, Inc., a longtime Bend-based ammunition maker.

The measure still would permit damage lawsuits to be brought under allegations that weapons were defective or that laws governing firearms sales were violated.

Gun sellers also could be sued for damages when there was evidence they knew or should have known that a buyer "was likely to use the firearm in a manner that would cause unreasonable risk of physical injury.''

Democratic Rep. Robert Ackerman of Eugene argued that the bill probably would be struck down in court.

He said the measure would take away the state constitutional right to a legal remedy for an injury — the right to sue for damages — without providing an alternative.

But Rep. Wayne Krieger, D-Gold Beach, said the remedy is "you can sue the person using the gun.''

Other supporters said baseball bats and cars can be used to injure people and that products' makers shouldn't be responsible for their criminal misuse.

Opponents of the bill contended that it goes too far in shielding a business from liability for negligence.

The bill "singles out one industry and says they have no duty of care,'' said Rep. Greg Macpherson, D-Lake Oswego.

He said the measure apparently would bar a lawsuit if a gun dealer left a store unlocked at night and weapons were stolen, or if a loaded gun was left unattended.

"At least the facts should go to a judge or jury,'' he said.

On the Net: House Bill 2373, www.leg.state.or.us