Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 181 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr.…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 181 and ask for its immediate consideration.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to the gentleman from Florida (Mr. Hastings), pending which I yield myself such time as I may consume. During consideration of this resolution, all time yielded is for purposes of debate only.
Mr. Speaker, I am exceedingly pleased today that we will consider legislation protecting interstate commerce in firearms and ammunition under the direction of a structured rule that allows for a total of five minority party amendments to be made in order.
Today, Mr. Speaker, I call up H. Res. 181 to do my part to ensure that businesses in the United States that are engaged in interstate and foreign commerce through the lawful design, manufacture, marketing, distribution, importation, and sale to the public of firearms or ammunition are not and should not be negligent through lawsuit for the harm caused by those who criminally or unlawfully misuse firearm products or ammunition products that function as they are designed and intended. The people who choose to bring these lawsuits want to hold manufacturers negligent for the criminal abuse of their products, but it is like suing the Louisville Slugger for harm caused by criminals using one of their famous products to unlawfully threaten or harm a third party and not for hitting baseballs, for which that product was intended.
It is my intention today to provide Members with information about this fair and balanced rule and also the underlying legislation that will be on the floor today. This underlying bill must be passed today if we are to beat back the forces who believe that responsible gun ownership is an oxymoron and those who are bent on destroying a citizen's right to firearms for lawful purposes. Lawsuits have been filed nationwide and are pending in our courts today that seek to hold these businesses responsible on a negligence theory for the harm caused by criminals or unlawful use of firearms or ammunition by others, when the product functioned and was designed and was intended to perform and it did, once again, a dangerous and slippery proposition which the underlying bill will prevent.
Guns can be dangerous and deadly when criminals and others who unlawfully use them do so. But then again, so can automobiles, especially when they are used illegally, which I will never condone, and which the underlying bill does not condone or seek to excuse from negligent causes of action. In fact, under the provisions underlined in this bill, H.R. 1036, plaintiffs may still bring negligence causes of action for harm caused by the criminal or unlawful misuse of guns or ammunition.
The forces arrayed against this bill today believe that guns have no constructive purpose in American society and believe that all firearms are so inherently dangerous that no level of responsible caution and education could ever render them useful or enjoyable to a law-abiding citizen. It is on this most tenuous, dangerous, and shaky logic that the gun haters have mounted their present flank maneuvering on the second amendment in both our State and Federal courts through these negligence lawsuits. These hostile forces to the second amendment can only be repelled when every single American who believes in the right to keep and bear arms shall be firmly entrenched by passage of this underlying legislation.
I believe today that the House of Representatives is rightly and correctly again invoking its right to regulate interstate commerce in the name of protecting our citizens' constitutional rights, in this case, the constitutional right to keep and bear arms. Without it, the myriad lawsuits nationwide advancing a negligence theory for the harm caused by the criminal or unlawful use of firearms or ammunition by others, when the product is functioning as it was designed and intended to do, will form a very real threat, completely halting the movement of these lawful products in interstate commerce. In fact, this is the very intent, what this bill is all about. It is to stop the chilling effect that would stop the design, production, trade and ownership of legal firearms and ammunition in the United States by lawsuits.
Mr. Speaker, I want to wrap up what I have said today by stating that the interstate commerce clause thankfully gives us the power and the right to be here in the House today to protect the Second Amendment from these dangerous attempts by others who would
twist the common law to meet their goal of eroding its protections by flanking maneuvers in State and Federal courts.
I am proud of this legislation that we are on the floor to pass today.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we are continuing the debate today on the floor after we had an opportunity yesterday in the Committee on Rules to talk about this, and the bill is pretty straightforward. It says that a manufacturer of a gun, ammunition or other product that might be used, with the gun working as it was intended, we would hold them harmless; but if a person was illegally or unlawfully using these guns or obtaining these guns under some measure, that they would be held responsible.
The interesting part about this, and there are so many analogies that could be used, but it would be like an automobile, which kills millions of Americans every year. It would be like an automobile that was properly designed,
properly structured, properly placed upon the roadway, and there is not one parent or one person that I know of that has years of experience in using an automobile that would not say to an occupant or to someone who was going to use their car that this could be a dangerous product.
But if we use it properly, then we have no worry about it. But if the manufacturer of that product, the car, manufactured it, designed it or did something that they know they should not have done, and it has happened in the automobile industry, it has happened with side fuel tanks, it has happened with any other number of defective parts of that product, then they would be held liable.
Such is true today also if gun manufacturers do something that is inherently wrong with their product.
But what this bill says is, once that gun or ammunition, just like a car is designed properly, is sold legally and properly under the laws of this country, and if it is utilized properly, that they could not be held liable. Such is true with guns.
The bottom line is that what is true is that the Democrat Party chooses to take this up as an issue because they are antigun. That is what this is about. We see these forces every day. We see them on the street. We see them with the things that they do. This is another way to get in the way of the second amendment of the Constitution of the United States.
So the reasonable legislation that we propose today is one that says that if someone has a legally manufactured product that they obtained legally, and it is used properly within the laws of this country, that a gun manufacturer will be held harmless. It is as simple as it is. I think it makes sense. We support what we are doing here with this underlying legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
The previous speaker just hijacked the intent of this law, and he misled people who are listening in this body today. The fact of the matter is that any gun manufacturer who is negligent for their product by what they produce would be held responsible under this bill, and for any person to assume otherwise means they have not read the bill. They would be incapable of understanding, and they choose not to, they choose not to.
Mr. Speaker, the gentleman was allowed his opportunity to speak, and I am sure that the minority has lots of time left.
Mr. Speaker, I appreciate the Speaker's help. Regular order, please.
So, Mr. Speaker, what happens is that anyone who chooses to mislead those people that are in this body today, that they would not be held liable, is simply not true. That is not what this bill is about. The bill that we know and the underlying legislation makes perfect sense, and that is why we are here.
Mr. Speaker, I yield such time as he may consume to the gentleman from Florida (Mr. Stearns), the original author of this bill. I, as an original cosponsor, am pleased to have him.
(Mr. STEARNS asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Committee on Rules took a lot of time yesterday. We heard a lot of testimony. The gentleman is correct, he did come and approach the Committee on Rules, as well as other Members of this great body.
I think the Committee on Rules, through the leadership of the gentleman from California (Mr. Dreier), heard the testimony and, in fact, Mr. Speaker, made in order several amendments, five, and two from the gentleman from North Carolina (Mr. Watt). That gives him the ability today to have two amendments for a total of 40 minutes. Three others are allowed for a total of 60 minutes, 20 minutes each. I think that is pretty good. I think that does allow debate on the floor of this House, more than almost 2 hours of debate, to talk about these issues.
Best of all, they are going to get their own vote. They are going to get their vote that they asked for up on the board, and every single Member will be here, so they have a chance to tell their story. I think that this process, while it may not always work the way every single Member wants, the Committee on Rules did the right thing.
Mr. Speaker, I yield such time as he may consume to the gentleman from Georgia (Mr. Linder) from the Committee on Rules.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the gentleman makes some points. They are that he felt that these amendments were denied through the process. But the way we operate here is that the Committee on Rules operates in the daylight. We come and tell people when they may file amendments. Either those amendments may or may not have ever seen the light of day in another committee.
This Speaker and this Committee on Rules chairman want to make sure that we are open for business, that we tell people when we will be there; that we have, in my opinion, an appropriate number of people who sit through the hearings, as I have done, as I did in this case again; and responsible people listen to the arguments and the debates about the merits of those things which they wish to have placed in order.
We then hear the deliberation, we hear the debate, and then we go back
and make a decision about it. Then there is a vote. The votes are in the open where everybody can see them happen.
Mr. Speaker, my chairman allows many times more debate than what I probably would think would be reasonable, but he does it. It is a fair and open process. We know what this bill is about. We know where there is disagreement. We know why we are doing this. It is the right thing to do.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I have one additional speaker. Mr. Speaker, what is the time remaining?
Mr. Speaker, I will close after this speaker.
Mr. Speaker, I yield 5 minutes to the gentleman from North Carolina (Mr. Coble).
Mr. Speaker, I am prepared to close.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is the very end of the debate about a very, very important commonsense piece of legislation.
The amendments that were before the Committee on Rules would have done a lot of things. I disagree with us having the Federal Government print a list of all the people who have a gun in this country. I think that is dangerous. I think that is dangerous precedent for us as consumers to think that we would purchase a product and then someone would print our name about a product that we buy. But that is what we were asked to do yesterday, and we denied them. We did allow the minority the chance to have its debate on five amendments. That is what is going to take place today.
This legislation is common sense. The process has been open and fair. The Committee on Rules was available yesterday. The Speaker, the gentleman from Illinois (Mr. Hastert), and the gentleman from California (Mr. Dreier), the chairman, intentionally went out of their way to make sure that we would have a vigorous debate today because we think the light of day is the best disinfectant there is to fairness.
The gentleman from Florida (Mr. Stearns), the original sponsor of this bill, the author of this bill, showed up on the floor and offered a hardy debate. We have had others that have done the same. So I think America is free. I think we are using this body for what it was intended, as a sharing of issues and ideas. And most of all I would like to applaud the gentleman from Wisconsin (Mr. Sensenbrenner), who is the chairman of the Committee on the Judiciary. The gentleman has been to the Committee on Rules, placed himself available before each and every Member to answer questions. I think that the commonsense legislation that he brings forward at this time with respect to what we are going to do on floor debate is important and good.
Mr. Speaker, I would ask that Members would support this bill, this rule, and of course, all the underlying legislation.
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
The previous question was ordered.