Mr. Speaker, I rise today in strong opposition to H.R. 1036, which would prohibit product liability claims against firearms manufacturers and sellers so long as the negligent conduct was not considered to be criminal.  Our civil justice system plays a critical role in holding negligent individuals or companies responsible for the injuries they cause, and firearms manufacturers should be subject to the same legal standards of conduct that govern other industries.  By protecting an entire industry from liability, we eliminate a major incentive for that industry to operate in a safer way and ultimately make people less accountable for questionable manufacturing and sales practices.

As an individual who was paralyzed at the age of sixteen when a police officer’s gun accidentally discharged and severed my spine, I know how a person’s life may be changed by gun violence or accidents.  My accident happened at the hands of two weapons experts, and I never want to see a similar accident befall another child.  Our society frequently witnesses needless misfortunes due to firearms, and we should strive to make our society safer.  Yet this bill would actually move us away from that goal.

Too many people who suffer from gun violence are victims of an industry that fights every effort to improve the safety of its products, including the installation of chamber load indicators and trigger locks – features that could have changed the course of my life.  They are victims of dealers who look the other way as their wares are used for criminal activity and gun control laws that are not sufficiently enforced.  According to a 1998 study by the Bureau of Alcohol, Tobacco and Firearms, 50% of the firearms used in crimes nationwide were traced to just 1.2 percent of the nation’s gun dealers.  Instead of going after those deadbeat gun dealers, for example – and I have introduced legislation toward that goal – this bill would have us absolve them from all responsibility for their actions as long as they claim ignorance.  Instead of improving enforcement of our gun laws, the measure denies one of the few remaining avenues of recourse to those who have suffered from gun violence.

Now, supporters of the bill claim that there are exemptions to permit lawsuits in the case of clear knowledge of criminal activity or negligence, but they will not mention that the exemptions are so narrowly worded that they are utterly meaningless.  They also make intriguing parallels about how the gun industry is currently being held to a higher standard than automobile manufacturers or other industries, while not recognizing the exemptions from federal consumer safety laws that the gun industry enjoys.

I am deeply disappointed that this measure will not do a single thing to prevent gun violence or accidents in the United States.  However, I am even more disturbed that it may exacerbate our existing problem.  I strongly urge my colleagues to vote against H.R. 1036 so that we can demonstrate our commitment to a safer America.