[Congressional Record (Bound Edition), Volume 149 (2003), Part 8]
[Senate]
[Page 10998]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 BUSINESS PRACTICES IN THE GUN INDUSTRY

  Mr. LEVIN. Mr. President, a declaration recently filed in a 
California lawsuit by Mr. Robert A. Ricker, former assistant general 
counsel for the National Rifle Association and former executive 
director of the American Shooting Sports Council, revealed that many in 
the gun industry have long known that their business practices make it 
easier for criminals to gain access to guns yet often fail to do 
anything about it.
  In his declaration, Mr. Ricker cites an example of irresponsible 
business practices in the gun industry known as straw purchasing. Straw 
purchases are a primary avenue by which a relatively small number of 
federally licensed firearm dealers supply the criminal market. A straw 
purchase involves a buyer with a clean record purchasing a gun for 
someone who is prohibited by law from doing so. Mr. Ricker asserts that 
it has long been known in the gun industry that many straw purchases 
and other questionable sales can be stopped if dealers are trained in 
preventing illegal activity. However, in the absence of such training 
and a commitment to responsible business practices, many straw sales 
continue to take place undetected. Instead of requiring their dealers 
to act responsibly, Mr. Ricker says that it has been a common practice 
among some gun manufacturers to adopt a ``see-no-evil, hear-no-evil, 
speak-no-evil'' approach. This approach does nothing to discourage the 
evasion of firearms laws and regulations.
  Mr. Ricker's accounts confirm what has long been suspected. Some gun 
manufacturers and dealers know their practices facilitate criminal 
access to firearms but they do nothing about it. The Lawful Commerce in 
Arms Act that recently passed the House and that has been referred to 
the Senate Judiciary Committee would shield those negligent and 
reckless gun dealers and manufacturers from many legitimate civil 
lawsuits. Certainly, those in the industry who conduct their business 
negligently or recklessly should not be shielded from the consequences 
of their actions. Mr. Ricker's declaration contributes further evidence 
that this bill would assist some in the gun industry in avoiding 
responsibility for their business practices.

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