Protection Of Lawful Commerce In Arms Act

PROTECTION OF LAWFUL COMMERCE IN ARMS ACT -- (Senate - July 29, 2005)

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Mr. THUNE. Mr. President, I thank the Senator from Idaho for his leadership on this issue and for yielding time. I rise in strong support of the Protection of Lawful Commerce in Arms Act and in opposition to these amendments that will be offered this afternoon, all of which are designed to gut the underlying legislation.

It has been noted throughout the course of this debate that prosecutions are up, crime is down. That should be the fundamental focus of our efforts--protecting people from crimes committed by firearms.

I come from a State where we view these issues as a part of our personal freedoms, part of the rights that are guaranteed under the Constitution, the opportunity to possess and own firearms. It is a part of the culture of our State, a belief in personal freedom, also coupled with personal responsibility, which is why every year thousands of young South Dakotans take the firearm safety course and learn the responsible use of firearms and then go out and have the opportunity to hunt and recreate and enjoy the great outdoors in our great State.

That was the opportunity I had as a young 12-year-old. I have taught my teenage daughters responsible use of firearms. It is part of our history. It is part of our tradition. It is part of our culture.

The bill before us today would end many of the abusive lawsuits that are often filed, largely with the intent to bankrupt the firearms industry. Contrary to the assertions by some, this bill is not about the NRA. This bill is about law-abiding gun owners, it is about law-abiding gun dealers, it is about law-abiding gun manufacturers who are having that second amendment right infringed upon by those who are trying to destroy an industry that, for a couple of centuries now, has provided quality workmanship in accordance with Federal and State laws.

This bill is about reestablishing some of the fairness and justice, getting it back into our judicial system. This bill attempts to remedy a system that allows innocent parties--in this case, gun manufacturers and gun dealers--who have abided by the law to become victims of predatory lawsuits.

Furthermore, we are protecting American workers who are in danger of losing their jobs due to the enormous amount of money that must be spent to defend against unfounded lawsuits.

I also support this legislation because it would take the first step in ending what has been now a decades-long trend of using the courts to effect social change. For far too long, the American judicial system has been used as a conduit around the legislative process in an attempt to make public policy or implement social change outside the democratic process.

The aim of this bill is clear: to allow legitimate lawsuits against a manufacturer when the legal principles to do so are present. The bill allows suits against manufacturers who breach a contract or a warranty, for negligent entrustment of a firearm, for violating a law in the production or sale of a firearm, or for harm caused by a defect in design or manufacture.

These are not arbitrary standards, nor are they an approved NRA wish list. They are established legal principles that apply across the board to all industries. People who misuse firearms should pay for their crimes and answer to those they injure. However tragic, a death or an injury caused by a firearm should not create a windfall at the expense of the manufacturer if the manufacturer followed the law.

The manufacturer should not be held responsible for intentional and unforeseen acts of unrelated third parties.

The firearms industry has spent over $200 million in lawsuits. Many of these cases are not filed by injured parties but by city and municipal governments and special interest groups simply looking for the deepest pockets and not the guilty party. This bill would not allow manufacturers in the firearms industry to act as recklessly as they please, as some have asserted.

The firearms industry is one of America's most regulated industries. For example, a firearm is one of the few consumer goods that requires a waiting period or a background check. Unfortunately, some ultimately hope to drive America's gun manufacturers into bankruptcy and eventually out of business. The firearms industry is not only part of our tradition of outdoor and hunting sports, it is an integral part of our military manufacturing base. We cannot allow this industry to be bankrupted by unfounded lawsuits and endless litigation.

S. 397, this underlying bill, is good policy. It is a bipartisan bill with over 60 cosponsors and it mirrors legislation that already exists in 33 States around this country. By supporting this bill we are sending a message that Congress is committed to protecting American jobs and providing further security against predatory lawsuits. I encourage my colleagues to support the underlying legislation and to resist these amendments--these are killer amendments, gutting amendments that would undermine the entire purpose behind this legislation--and allow this legislation to pass and be put in place so the gun manufacturers and dealers of this country can operate in a fair, sensible, and just environment with the goods they produce for American firearms owners.

I yield back the remainder of my time.

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