[Congressional Record Volume 149, Number 59 (Friday, April 11, 2003)]
[Extensions of Remarks]
[Page E740]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               PROTECTION OF LAWFUL COMMERCE IN ARMS ACT

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                               speech of

                            HON. BRAD CARSON

                              of oklahoma

                    in the house of representatives

                        Wednesday, April 9, 2003

       The House in Committee of the Whole House on the State of 
     the Union had under consideration the bill (H.R. 1036) to 
     prohibit civil liability actions from being brought or 
     continued against manufacturers, distributors, dealers, or 
     importers of firearms or ammunition for damages resulting 
     from the misuse of their products by others:

  Mr. CARSON of Oklahoma. Mr. Chairman, I ask unanimous consent to 
revise and extend my remarks. I yield myself such time as I may 
consume. I rise in support of H.R. 1036, the Protection of Lawful 
Commerce in Arms Act.
  As my esteemed colleagues have discussed, H.R. 1036 would prohibit 
civil lawsuits from being brought against gun manufacturers by parties 
that have been injured by the unlawful use of firearms.
  Mr. Chairman, I am a great believer in personal responsibility. It is 
one of the key principles upon which America was founded. The 
Protection of Lawful Commerce in Arms Act would strengthen this great 
notion.
  Imposing liability on an entire industry for harm caused solely by 
the unlawful actions of others is an abuse of the United States legal 
system--it undermines public confidence in our judicial system and 
threatens the viability of law-abiding companies.
  Frivolous lawsuits against the firearm industry are nothing more than 
an attack on the Second Amendment. It seems a logical anti-gun tactic 
to me, if you can't lawfully prevent the sale of guns, then you go 
after the people who sell guns and make them afraid to sell their 
lawful products for fear of incurring substantial financial liability. 
Thus far, these frivolous and merit-less lawsuits have had little 
success in court. Their only success is in placing an enormous 
financial burden on gun manufacturers. However, these litigation costs 
are then passed onto consumers and makes it more difficult law-abiding 
citizens to own guns. In the end, the ones who suffer the most are law-
abiding consumers.
  H.R. 1036 would help protect our second amendment rights by 
protecting legitimate businesses that comply with Federal, State and 
local gun laws. It is time to stop these frivolous lawsuits that 
threaten to bankrupt a responsible American industry by blaming the 
firearm industry for the actions of criminals. I urge my colleagues to 
support the Protection of Lawful Commerce in Arms Act.

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