[Congressional Record Volume 151, Number 139 (Thursday, October 27, 2005)]
[Extensions of Remarks]
[Page E2183]
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. BOB ETHERIDGE

                           of north carolina

                    in the house of representatives

                       Thursday, October 20, 2005

  Mr. ETHERIDGE. Mr. Speaker, I voted against S. 397, the Protection of 
Lawful Commerce in Arms Act. After careful consideration off the bill 
and its impact on the citizens of North Carolina and the United States, 
I determined that it would unacceptably infringe on their 
constitutional right to legal redress in our Nation's courts, as well 
as subvert North Carolina law, which already prohibits frivolous 
lawsuits against the firearms industry.
  Although I voted in favor of similar legislation in the 108th 
Congress, S. 397 is a much different bill. This bill extends 
unprecedented immunity to many groups beyond federally licensed 
firearms dealers and manufacturers, and it sets the bar of proof so 
high as to prohibit meritorious suits against unscrupulous dealers and 
manufacturers. This bill allows the firearms industry to put profits 
ahead of safety; under this bill manufacturers do not have to ensure 
that the dealers and wholesalers to whom they sell weapons are acting 
in good faith and within the parameters of the law. Law-abiding gun 
owners do not want more gun control laws. What we need is more vigorous 
enforcement of the gun laws that are already on the books.
  As a lifelong gun owner, I take seriously my commitment to upholding 
the Constitution and our Second Amendment right to bear arms. I am also 
committed to the right of individuals to freedom and safety, as well as 
their day in court, and this bill would subvert those rights.

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