The Gun Industry Immunity Bill

THE GUN INDUSTRY IMMUNITY BILL

Mr. LEVIN. Mr. President, I am disappointed to see the Protection of Lawful Commerce in Arms Act reintroduced. I supported the successful effort to defeat the gun industry immunity legislation during the 108th Congress and I continue to oppose the legislation.

The misnamed ``Protection of Lawful Commerce in Arms Act'' would rewrite well-accepted principles of liability law, providing the gun industry legal protections not enjoyed by other industries. In addition, this bill would set a dangerous precedent by terminating a wide range of pending and prospective civil cases against members of the gun industry. It would give a single industry broad immunity from civil liability and deprive many victims of gun violence with legitimate cases of their day in court.

While most gun dealers and manufacturers conduct their business responsibly, this gun industry immunity legislation would provide protection from liability even in cases where gross negligence or recklessness lead to someone being injured or killed.

The reintroduction of this bill comes after the Supreme Court recently allowed a civil suit against members of the gun industry to progress in California. Reportedly, the plaintiffs in this case allege that the gun manufacturer being sued distributed guns to dealers who were likely to sell them illegally or through largely unregulated gun shows. Judge Richard Paez of the Ninth Circuit wrote of this case: The social value of manufacturing and distributing guns without taking basic steps to prevent these guns from reaching illegal purchasers and possessors cannot outweigh the public interest in keeping the guns out of the hands of those who in turn use them in crimes.

Last year, in a settlement that marked victory for the 2002 Washington, DC, area sniper shooting victims, Bushmaster Firearms, manufacturer of the XM-15 assault rifle used in the sniper attacks, agreed to pay $550,000 in damages for negligence leading to criminal violence in connection with the shooting spree.

According to reports, Bushmaster continued to sell firearms, including the XM-15 assault rifle used in the sniper shootings, to Bull's Eye Shooter Supply in Tacoma, WA, even after several ATF audits documented the dealer's inability to responsibly account for its inventory of weapons. Reports indicate that 238 guns had gone missing from Bull's Eye's inventory and over 50 had been traced to criminal acts since 1997. The victims of the sniper shootings would have lost their ability to sue Bushmaster Firearms and Bull's Eye Shooter Supply had the gun industry immunity bill become law during the 108th Congress.

If it is enacted, this bill would substantially weaken the legal rights of gun violence victims. In addition, other industries will almost certainly line up for similar protections. This is unwise legislation and it should not be adopted.

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