2003 Ron Paul 47:1
Mr. PAUL. Mr. Chairman, I rise today as a firm believer in the second amendment to the
United States Constitution and an opponent of
all federal gun laws. In fact, I have introduced
legislation, the Second Amendment Restoration
Act (H.R. 153), which repeals the misguided
federal gun control laws such as the
Brady Bill and the assault weapons ban. I believe
that the second amendment is one of the
foundations of our constitutional liberties. However,
Mr. Speaker, another foundation of those
liberties is the oath all of us took to respect
the Constitutional limits on federal power.
While I understand and sympathize with the
goals of the proponents of the Protection of
Lawful Commerce in Arms Act (H.R. 1036),
this bill exceeds those constitutional limitations,
and so I must oppose this bill.
2003 Ron Paul 47:2
It is long past time for Congress to recognize that not every problem requires a federal
solution. This countrys founders recognized
the genius of separating power amongst federal,
state and local governments as a means
to maximize individual liberty and make government
most responsive to those persons
who might most responsibly influence it. This
separation of powers strictly limited the role of
the federal governments in dealing with civil liability
matters; instead, it reserved jurisdiction
over matters of civil tort, such as gun related
alleged-negligence suits, to the state legislatures
from which their respective jurisdictions
flow.
2003 Ron Paul 47:3
While I am against the federalization of tort reform, I must voice my complete disapproval
for the nature of these very suits brought
against gun manufacturers. Lawsuits for monetary
damages form gun violence should be
aimed at the perpetrators of those crimes, not
the manufacturers! Holding manufacturers liable
for harm they could neither foresee nor
prevent is irresponsible and outlandish. The
company that makes a properly functioning
product in accordance with the law is acting
lawfully and thus should not be taken to court
because of misuse by the purchaser (or in
many cases, by the one who stole the weapon).
I fear these lawsuits are motivated not by
a concern for justice but by a search for deep
pockets, since gun manufactures have higher
incomes than the average criminals, and a fanatical
anti-gun political agenda.
2003 Ron Paul 47:4
These attacks on gun manufacturers are disturbing, since the gun industry provides our
law enforcement and military with the necessary
tools needed to fight crime and defend
our country. We should be helping our law enforcement
officers and military, not hurting
them by putting reputable gun manufacturers
out of business.
2003 Ron Paul 47:5
However, Mr. Chairman, the most disturbing aspect of these lawsuits is the idea that the
gun, an inanimate object, is somehow responsible
for crimes. H.R. 1036 enables individuals
to abrogate responsibility for their actions, in
that it allows gun dealers to be sued because
they should have known the gun would be
used in a crime. Under H.R. 1036, gun dealers
will still be unjustly forced to scrutinize
their customers for criminal intent.
2003 Ron Paul 47:6
This further erodes the ethics of individual responsibility for ones own actions that must
form the basis of a free and moral society.
The root problem of violence is not the gun in
the hand, but the gun in the heart: each person
is accountable for the deeds that flow out
of his or her own heart. One can resort to any
means available to complete a crime (such as
knives, fertilizer, pipes, and baseball bats).
Should we start suing the manufacturers of
these products as well because they are used
in crimes? Of course not — its implications are
preposterous.
2003 Ron Paul 47:7
Finally, Mr. Chairman, I would remind my fellow supporters of gun rights that using unconstitutional
federal powers to restrict state
gun lawsuits makes it more likely those same
powers will be used to restrict our gun rights.
Despite these lawsuits, the number one threat
to gun ownership remains a federal government
freed of its constitutional restraints. Expanding
that government in any way, no matter
how just the cause may seem, is not in the
interests of gun owners or any lovers of liberty.
2003 Ron Paul 47:8
In conclusion, while I share the concern over the lawsuits against gun manufacturers,
which inspired H.R. 1036, this bill continues
the disturbing trend toward federalization of
tort law. Enhancing the power of the federal
government is not in the long-term interests of
defenders of the second amendment and
other constitutional liberties. Therefore, I must
oppose this bill.