[Congressional Record (Bound Edition), Volume 150 (2004), Part 3]
[Senate]
[Pages 2610-2611]
[From the U.S. Government Publishing Office, www.gpo.gov]




                                SCHEDULE

  Mr. FRIST. Mr. President, this morning the Senate will resume 
consideration of S. 1805, the gun liability bill. A unanimous consent 
agreement worked out by the managers last night means we will 
definitely make significant progress on a number of issues throughout 
the day, and we will complete action on the bill on Tuesday. Senators 
should be aware the agreement covers amendments to be offered today and 
on Tuesday, but we do expect additional amendments to be offered and 
voted on tomorrow and during Monday's session of the Senate. Those 
Senators who are not covered by the agreement should work with Senators 
Craig and Reed of Rhode Island to work through their amendments before 
Tuesday morning.
  The first vote of the day should occur between 10:30 a.m. and 11:30 
a.m. Members will be notified of rollcall votes throughout the day and 
possibly into the evening.
  I wish to use a few moments of leadership time to comment on the 
bill. We will proceed right on the bill. It is going to be a fast-paced 
day. An agreement was worked out last night. I think we have a good 
game plan. We will finish the bill on Tuesday and we will start right 
in.
  The bill, S. 1805, has broad bipartisan support. We will be 
considering a lot of amendments. We will debate those amendments, and 
we have the time agreements to see that they are considered fairly. 
This bill is bipartisan, with 10 Senators from the Democratic side of 
the aisle supporting it. The bill also has 45 Republican cosponsors. I 
know we can move quickly and process these amendments and move toward 
final passage of this important legislation.
  There is a common misconception that the gun industry is a large and 
powerful industry, and it is simply not. In fact, the firearms trade is 
a relatively small industry. In 1999, the industry collectively made 
less than $200 million in total profits--just $200 million. To put that 
in perspective, Home Depot, a company with which we are all familiar, 
netted $4.3 billion in 2003. That one company made more than 20 times 
the profit of the entire firearms business.
  In 2003, Wal-Mart, a highly competitive retail chain, profited a 
hefty $9 billion. And if we look at a chain such as Starbucks, even 
Starbucks sees bigger profits than the American firearms manufacturers.
  I mention that because the issue is not of size or relative size. The 
real issue is that the gun manufacturing industry employs people with 
productive jobs, well-intentioned, well-meaning, good jobs. These are 
valuable jobs, and most of these jobs actually are in rural 
communities. Those are the communities that, in many ways, need jobs 
the most in this day and time.
  Often, these gun manufacturers are the largest employer in these 
small communities and, as a consequence, these ruinous lawsuits do not 
just threaten the manufacturers; they end up threatening the whole 
town, the whole community itself.
  Still, we have the antigun crusaders who insist that the firearms 
business, one of the most regulated industries in America today, must 
be brought to heel. Why? They believe the gun manufacturers themselves 
should be responsible for the criminal actions of other people. They 
believe it is OK to allow lawsuits to achieve some sort of political 
end.
  Clearly, I do not agree and a majority of people in this body do not 
agree. Indeed, most Americans certainly do not agree. Most Americans 
think this is just blatantly unfair.
  Our Constitution protects the right to keep and bear arms. Indeed, 33 
States have passed laws to preempt frivolous gun lawsuits--33 States. 
Still today, we have the antigun crusaders who are, in effect, aided 
and abetted by the special interest trial lawyers charging ahead.
  Since 1997, more than 30 cities and counties have sued firearm 
companies in an attempt to force them to change the way they make guns 
and the way they sell guns. In California, then-Gov. Gray Davis signed 
legislation explicitly authorizing lawsuits against gun manufacturers.
  Because the firearms business is relatively small, one big verdict, 
one substantial verdict could bankrupt the entire industry. In 
California, that is a real possibility.
  Never mind that every trial court that has heard these municipality 
lawsuits has thrown them out in whole or in part. Appellate courts in 
three States have overturned lower court verdicts and allowed the suits 
to go forward. Thus, it is critical we act now.
  If the gun industry is forced into bankruptcy, the right to keep and 
bear arms will be a right in name only. Lawsuits have already pushed 
two companies into bankruptcy. Even if some gun manufacturers are able 
to hold on, the prices for firearms will be so high that owning a gun, 
such as a hunting rifle, will be a privilege only the wealthy can 
afford.
  There is one other important and little known aspect of the issue. 
America relies on private gun manufacturers to equip our soldiers and 
law enforcement

[[Page 2611]]

officers with sidearms. The guns our police officers use, the guns that 
our soldiers carry, are made in the United States by American workers.
  We are all agreed, no one wants guns in the hands of criminals. There 
are thousands of laws and regulations to stop illegal gun sales, but we 
do not want these frivolous, unnecessary lawsuits to strip police 
officers and soldiers of their sidearms. Do we really want unfair 
litigation to cripple our national security? The answer clearly is no, 
and thus we will act and we will act over the course of today, 
tomorrow, Monday, and complete this action on Tuesday.
  The bill before us is narrowly tailored. It is focused. It is fair. 
It is equitable. It ensures that private parties are held responsible 
for their actions and that is why this bill comes to this floor with 
broad bipartisan support. That is why passing this bill is the right 
thing to do.
  I yield the floor.

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