[Congressional Record Volume 151, Number 131 (Monday, October 17, 2005)]
[House]
[Pages H8821-H8822]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             GUN LIABILITY

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from New York (Mrs. McCarthy) is recognized for 5 minutes.
  Mrs. McCARTHY. Mr. Speaker, this week the House will take up the 
National Rifle Association's top legislative priority for the 109th 
Congress. We will vote on legislation granting the gun industry 
unprecedented immunity from liability lawsuits. Nearly no other 
consumer product manufacturers or sellers have this kind of protection.
  The NRA says this bill will prevent frivolous lawsuits that may 
bankrupt the gun industry, but a closer look reveals this bill tries to 
fix a problem that actually does not exist.
  Over the past decade, there have been over 10 million lawsuits filed 
here in the U.S. and only 57 involved the gun industry. According to 
the Brady Campaign to Prevent Gun Violence, no lawsuit against the gun 
industry has ever been dismissed as frivolous by a judge. Some of these 
suits have been dismissed for other reasons, and some have been 
successful. The point is the current system does work.
  Unworthy cases are not coming to trial so why do we need to close the 
courthouse doors to those who were legitimately victimized by gun 
industry negligence or incompetence? Do not let the NRA rhetoric fool 
you. This legislation is not about protecting an honest gun dealer who 
legally sells a gun to someone who later commits a crime. This 
legislation protects cases of gross negligence that lead to the 
injuries and death of unsuspecting victims.
  For example, the owner of the Bull's Eye Shooter Supply Store in 
Washington State was successfully sued because he could not account for 
over 239 guns in his inventory. One of these guns was the Bushmaster 
used in the D.C. sniper killings. The D.C. sniper murderers were 
allowed to get their hands on a gun because of a gun seller's 
negligence. But now, House leadership thinks the D.C. snipers' victims 
should not have their day in court.
  We should not let negligence and incompetence that results in death 
or injury go unpunished in any industry. Stripping away the threat of 
legal action will seriously jeopardize efforts to make guns safer. 
Without the threat of liability suits, the gun industry will have no 
financial incentive to incorporate gun locks, smart gun technology, and 
safety triggers into their products.
  Imagine if similar legislation were passed 40 years ago to cover the 
auto industry. Today our cars would not have seat belts, air bags or 
antilock brakes.
  Mr. Speaker, instead of stopping nonexistent frivolous lawsuits, we 
should be protecting the public from gun violence. I submitted 
amendments to this bill to the Committee on Rules. One amendment will 
allow liability lawsuits against those who negligently sell cop killer 
bullets. These are bullets that are similar to the ones used in the 
murder of my husband and critically wounded my son in 1993.
  I will also seek to continue negligence lawsuits against those who 
irresponsibly sell large-capacity clips. Large-capacity clips were used 
in the Long Island shooting which took down my husband and son and many 
other family members. If we had smaller clips, we would not have had as 
many killings on that train. If we did not have the cop killer bullets 
out on the streets, maybe my son would not have been injured so 
severely, and there is a possibility my husband might be alive.
  These clips represent a serious homeland security threat if a 
terrorist were to use them. Without the threat of lawsuits, guns may 
end up in the hands of people who should not have them.
  Mr. Speaker, we already have lost 33,000 Americans a year to gun 
violence. We lose 5,200 children per year. Independent studies show 
that gun violence costs our health care system over $100 billion a 
year. The average cost of each firearm fatality, including medical 
care, police services, and lost productivity is over $1 million. I can 
testify because my son's bills are over that.
  But the Department of Justice says only 2 percent of Federal gun 
crimes are prosecuted, and 20 of the 22 Federal gun laws on the books 
are not effectively enforced. We need to give our law enforcement 
agencies the tools to do their jobs efficiently.
  We cannot proceed with this legislation unless we can ensure the 
National Instant Background Check is fully effective. Currently, half 
of the States have entered less than 60 percent of the felony 
convictions into the NICS system. In 13 States, and my colleague just 
talked about domestic violence, restraining orders are not accessible 
through the NICS system.
  Too many of those not allowed to buy guns slip through the cracks of 
our background check system. That is why I submitted an amendment to 
permit negligence lawsuits against the gun industry until 90 percent of 
the felony convictions and other disqualifying criteria are included in 
the NICS database.
  I have introduced H.R. 1415, a bill to give grants to help the States 
keep their NICS information current and accurate. Honest gun sellers do 
not want to sell criminals guns. My amendment would give them the peace 
of mind that all of their sales are to responsible gun owners. However, 
we still should not give breaks to dishonest and incompetent gun 
sellers by giving them immunity from lawsuits resulting from their 
negligence.
  But if the gun lobby and its faithful servants in leadership insist 
on taking up this bill, we must make sure safeguards are in place to 
protect the public.
  Mr. Speaker, our priorities are misplaced when it comes to preventing 
gun violence. We need to change the dialogue.

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