[Congressional Record Volume 149, Number 116 (Thursday, July 31, 2003)]
[Senate]
[Page S10602]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           NAACP V. ACUSPORT

  Mr. LEVIN. Mr. President, last week U.S. district court judge Jack 
Weinstein of the Eastern District of New York found in the case of 
National Association for the Advancement of Colored People v. Acusport, 
Inc. et al. ``clear and convincing evidence'' that some gun 
manufacturers are guilty of ``careless practices.''
  The NAACP filed the lawsuit against gunmakers and wholesalers for 
what they argued were negligent firearms distribution practices. The 
NAACP lawsuit did not seek financial relief but sought injunctive 
relief to force the gun industry to take meaningful steps towards safer 
business practices.
  Judge Weinstein's decision was a broad condemnation of current 
business practices in the gun industry. Judge Weinstein said ``the 
evidence presented at trial demonstrated that defendants are 
responsible for the creation of a public nuisance and could, 
voluntarily and through easily implemented changes in marketing and 
more discriminating control of sales practices of those to whom they 
sell their guns, substantially reduce the harm occasioned by the 
diversion of guns to the illegal market and by the criminal possession 
and use of those guns.''
  Although Judge Weinstein did not grant the NAACP the relief it 
sought, the gun industry should take no consolation in this result. In 
fact, relief was denied only because the court found that all New 
Yorkers suffered from the same kind of injuries from gun industry 
misconduct suffered by members of the NAACP.
  The Lawful Commerce in Arms Act that recently passed the House and 
that has been referred to the Senate Judiciary Committee would shield 
negligent and reckless gun dealers from many legitimate civil lawsuits 
like the NAACP case. Certainly, those in the industry who conduct their 
business negligently or recklessly should not be shielded from the 
civil consequences of their actions. I urge my colleagues to oppose 
this bill.

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