Mr. President, I am pleased to join with Senator Baucus in introducing the Protection of Lawful Commerce in Arms Act.

This bill addresses the abuse of our nation's courts through predatory lawsuits against the U.S. firearms industry - suits attempting to force law-abiding businesses to pay for criminal acts by individuals beyond their control.

It's important for our colleagues to understand that the lawsuits we're talking about are not brought by victims seeing relief for some wrongs done to them by the firearms industry. Instead, they are part of a politically-inspired initiative trying to force social goals through an end-run around the Congress and state legislatures.

These lawsuits are based on the notion that even though a business complies with all laws and sells a legitimate product, it should be held responsible for the misuse or illegal use of the firearm by a criminal. This isn't a legal theory - it's just the latest twist in the gun controllers' notion that it's the gun, and not the criminal, that causes crime.

The truth is that there are millions of firearms in this country today, only a tiny fraction of which have ever been used in the commission of a crime. The truth is that again and again, law- abiding firearm owners are using their guns, often without even firing a shot, to defend life and property. The truth is that the intent of the user, not the gun, determines whether that gun will be used in a crime. The trend of predatory litigation targeting the firearms industry not only defies common sense and concepts of fundamental fairness, but it would do nothing to curb criminal gun violence. The cost of these lawsuits threatens to drive a critical industry out of business, losing thousands of good-paying jobs in the process and jeopardizing Americans' constitutionally-protected access to firearms for self defense and other lawful uses.

The Protection of Lawful Commerce in Arms Act would stop these abusive lawsuits. However, it would not insulate the firearms industry from all lawsuits or deprive legitimate victims of their day in court. Indeed, it specifically provides that actions based on the wrongful conduct of those involved in the business of manufacturing and selling firearms would not be affected by this legislation. The bill is solely directed at stopping abusive, politically-driven litigation against law-abiding individuals for the misbehavior of criminals over whom they had no control.

This bill is virtually identical to legislation introduced and debated at length in the Senate during the last Congress. As my colleagues will recall, the addition of two unrelated poison pill amendments doomed final passage of that bill; however, it is worth noting that all amendments to the actual substance of that measure were defeated.

The need for this legislation is every bit as serious today as it was in the last Congress. I am proud that a number of our colleagues on both sides of the aisle asked to sponsor this bill before it was even Introduced: Mr. Alexander, Mr. Bunning, Mr. Burns, Mr. Chambliss, Mr. Coburn, Ms. Collins, Mr. Cornyn, Mr. Crapo, Mr. Domenici, Mr. Ensign, Mr. Enzi, Mrs. Hutchison, Mr. Inhofe, Mr. Isakson, Mr. Johnson, Mr. Kyl, Mrs. Lincoln, Ms. Murkowski, Mr. Nelson of Nebraska, Mr. Santorum, Mr. Sessions, Ms. Snowe, Mr. Stevens, Mr. Sununu, Mr. Thomas, and Mr. Thune. I thank these original cosponsors for their support.

Mr. President, the courts of our Nation are supposed to be forums for resolving controversies between citizens and providing relief where warranted, not a mechanism for achieving political ends that are rejected by the people's representatives in Congress and the state legislatures. I hope all our colleagues will join us in taking a measured, principled stand against this abusive litigation by supporting the Protection of Lawful Commerce In Arms Act.

Mr. President, I also ask unanimous consent that a copy of the bill be printed in the Record.