[Congressional Record Volume 147, Number 25 (Wednesday, February 28, 2001)]
[Senate]
[Pages S1711-S1712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KERRY (for himself, Mr. DeWine, Mrs. Boxer, and Mr. Kohl):
  S. 416. A bill to amend the Consumer Product Safety Act to confirm 
the Consumer Product Safety Commission's jurisdiction over child safety 
devices for handguns, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. KERRY. Mr. President, today I am introducing legislation, along 
with Senator DeWine, Senator Boxer, and Senator Kohl, that will set 
minimum standards for gun safety locks. Discussion is swirling around 
the U.S. Congress, in state legislatures throughout the country, and in 
our cities and towns about the use of handgun safety locks to prevent 
children from gaining access to dangerous weapons. To date, eighteen 
states have Child Access Protection, or CAP laws in place, which permit 
prosecution of adults if their firearm is left unsecured and a child 
uses that firearm to harm themselves or others.
  An important element that is largely missing from the debate over the 
voluntary or required use of gun safety locks is the quality and 
performance of these locks. Mr. President, a gun lock will only keep a 
gun out of a child's hands if the lock works. There are many cheap, 
flimsy locks on the market that are easily overcome by a child. There 
are 12 safety standards for every toy, but there is not even a single 
safety standard for a gun lock.
  Earlier this month the Consumer Product Safety Commission, CPSC, and 
the National Sport Shooting Foundation announced a voluntary recall of 
400,000 gun safety locks that were distributed by Project HomeSafe, a 
nationwide program whose purpose is to promote safe firearms handling 
and storage practices through distribution of gun locks and safety 
education messages. And last July the CPSC and MasterLock joined 
together in another voluntary recall of 752,000 gun locks. Both of the 
gun locks recalled could be easily opened with paper clips, tweezers, 
or by banging it on a table. When testing gun locks to replace the 
recalled locks, the CPSC found that all but two of the 32 locks tested 
could be opened without a key. I find this astonishing. Millions of 
Americans have come to depend on gun locks as a way to prevent their 
children from gaining access to a handgun, and it is extremely 
disturbing to learn that so many locks could be overcome.
  The legislation that we are introducing today requires the Consumer 
Product Safety Commission to set minimum regulations for safety locks 
and to remove unsafe locks from the market. Our legislation empowers 
consumers by ensuring that they will only purchase high-quality lock 
boxes and trigger locks. The legislation does not require the use of 
gun safety locks. It only requires that gun safety locks meet minimum 
standards. The legislation does not regulate handguns. It applies only 
to after-market, external gun locks.
  Storing firearms safely is an effective and inexpensive way to 
prevent the needless tragedies associated with unintentional firearm-
related death and injury. And I am pleased that several states, 
including my home state of Massachusetts, have required the use of gun 
safety locks. During the 106th Congress, the Senate passed an amendment 
that would require the use of gun safety locks by a vote of 78-20.
  While I am encouraged by this trend of increasing the use of gun 
safety locks, I am genuinely concerned that with the hundreds of 
different types of gun locks on the market today it is difficult, 
probably impossible, for consumers to be assured that the lock they 
purchase will be effective. In early February President Bush announced 
the Administration's support for a five-year, $75 million-a-year 
federal program to distribute free gun locks to every gun owner. I 
commend the President's proposal to distribute free gun locks, but 
believe that it is critically important that the locks function as 
intended.
  The latest data released by the Centers for Disease Control in 1999 
revealed that accidental shootings accounted for 7 percent of child 
deaths and that more than 300 children died in gun accidents, almost 
one child every day. A study in the Archives of Pediatric and 
Adolescent Medicine found that 25 percent of 3- to 4- year olds and 70 
percent of 5- to 6- year olds had sufficient finger strength to fire 
59, or 92 percent, of the 64 commonly available handguns examined in 
the study. Accidental shootings can be prevented by simple safety 
measures, one of which is the use of an effective gun safety lock.
  The Senate has been gridlocked over the issue of gun control. And you 
can be sure that young lives have been needlessly lost due to our 
inaction. This legislation, which I truly believe every Senator can 
support, would make storing a gun in the home safer by ensuring safety 
devices are effective. It would empower consumers. And most importantly 
it would protect children and decrease the numbers of accidental 
shootings in this country.
  Mr. DeWINE. Mr. President, I rise today as an original cosponsor of 
the Gun Lock Consumer Protection Act being introduced by my friend from 
Massachusetts, Senator Kerry. I support this bill because I believe it 
will save lives.
  Recently, we have all borne witness to a disturbing trend. 
Increasingly, we are hearing shocking news reports that another child 
has died because of his or her access to a loaded, unlocked firearm. In 
1999 alone, this was an almost daily occurrence. Last year, more than 
300 children died in gun accidents. Most of these accidents occurred in 
a child's own home, or the home of a close friend or relative. Places 
where these children should feel the safest.
  The mixture of children and loaded firearms is certainly extremely 
combustible. An estimated 3.3 million children in the United States 
live in homes with firearms that are always or sometimes kept loaded 
and unlocked. Now, I believe that the majority of parents with firearms 
believe they are being responsible about gun storage and other safety 
measures dealing with firearms. But, the fact is that, some parents 
have a fundamental misunderstanding of a child's ability to gain access 
to and fire a gun, distinguish between real and toy guns, make good 
judgements about handling a gun, and consistently following rules about 
gun safety. In fact, nearly two-thirds of parents with school-age 
children who keep a gun in the home believe that the firearm is safe 
from their children. However, one study found that when a gun was in 
the home, 75 to 80 percent of first and second graders knew where the 
gun was kept.
  Many gun owners, State and local governments, as well as this Senate, 
have begun to recognize the combustible relationship between children 
and loaded, accessible firearms. This recognition has led many gun 
owners to purchase gun safety locks to ensure safe storage of their 
handguns and to prevent children from gaining access to weapons. In 
some States, gun locks are required at the time handguns are purchased. 
At least seventeen States have laws that require or encourage the use 
of gun locks that deter child access to handguns. And, finally, the 
Senate

[[Page S1712]]

passed an amendment to the juvenile justice bill last Congress that 
would require the use of gun safety locks.
  Despite the facts that gun owners are buying more firearm safety 
devices and governments are rushing to mandate their use, there are no 
minimal safety standards for these devices. There are many different 
types of trigger locks, safety locks, lock boxes, and other devices 
available. There is a wide range in the quality and effectiveness of 
these devices. Some are inadequate to prevent the accidental discharge 
of the firearm or to prevent a child access to the firearm.
  As governments move toward mandated safety devices, I believe it is 
important that consumers know that the device they are buying is 
actually adequate to serve its intended purpose. If States are going to 
prosecute adults when a child uses a firearm, these gun owners should 
have at least some peace of mind that their gun storage or safety lock 
device is adequate.
  Many of the safety lock devices currently on the market will not 
provide that peace of mind. Over the past year, the Consumer Product 
Safety Commission has tested thirty-two different lock devices. Thirty 
did not work as they were intended to work. In other words, 90 percent 
of the lock devices tested by the CPSC do not work! To date, CPSC has 
worked with two organizations to recall faulty locks. Because of the 
organizations' willingness to work with the CPSC, over 1.1 million 
safety locks have been recalled and replaced.
  The legislation I am introducing today with Senator Kerry would help 
responsible gun owners and parents know that the safety device they are 
buying is at least minimally adequate. This legislation is just common 
sense. It simply requires the Consumer Product Safety Commission, CPSC, 
to formulate minimum safety standards for gun safety locks and to 
ensure that only adequate locks meeting that standard are available for 
purchase by consumers. The standard to be used by the Commission 
requires that gun safety locks are sufficiently difficult for children 
to deactivate or remove and that the safety locks prevent the discharge 
of the handgun unless the lock has been deactivated or removed.
  It is important to note what this bill does not do. First of all, it 
does not give CPSC any say in standards of firearms or ammunition. In 
other words, it is not intended to regulate firearms themselves in any 
way whatsoever. Second, it will not have the effect of mandating what 
gun lock device is used. As I said earlier, there are many different 
types of gun locks currently available. Some of these allow for easy 
access and use of firearms for adults should they decide that is 
important to them. Other devices are more cumbersome and do not provide 
quick and easy access. Gun owners would be free to decide what device 
is best for them. This legislation would have no effect on that issue. 
Finally, this legislation does not require the use of gun safety locks. 
While the Senate has already passed legislation to do this, if that 
language is removed in conference, this legislation will not affect 
that.
  As I said earlier, I support this legislation because I believe it 
will save lives. But, more than that, this legislation will empower 
parents who decide that they want to have a gun safety lock but are 
awash in a sea of different devices, to purchase only gun safety locks 
that provide adequate protection for their children. I urge my 
colleagues to join Senator Kerry and I in support of this bill.
                                 ______