Congressional Record—Senate S187
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February 1, 2000 CONGRESSIONAL RECORD — SENATE S187 There are many families, I am sure, Third, we are not saying that all gun height of special interest folly if we al- mourning over this terrible tragedy. manufacturers are subject to suit or lowed dealers to escape the punishment Also on that plane was the son of a subject to successful suit. I heard the meted out by a civil court through a former State legislator, Margaret Senator from Idaho mention Wal-Mart. bankruptcy loophole that was never in- Branson. Her son Malcolm and his This is not a suit aimed at Wal-Mart. tended to allow people to evade justice. fiancee Janice Stokes, both of Ketch- This is a suit aimed at dealers, often a This amendment is about justice, ikan, were returning from a vacation handful of dealers, who are reckless, or pure and simple. It doesn’t preordain in Mexico. worse, in the way they distribute guns. what the courts will decide, but it I have this report for the Senate. I About 6 months ago, my office issued clearly states that if the court should have been in touch with Jim Hall of a report which showed that 1 percent of decide a gun manufacturer or a gun the National Transportation Safety the dealers issued close to 50 percent of dealer was reckless, was negligent, Board and the Secretary of Transpor- the guns traceable in crimes. These then they can be held accountable. If tation, Secretary Slater. It is my in- were not the 1 percent who had the we don’t pass it, it is another in a long tention to go to California on Thursday greatest volume. These were obviously line of sops to the gun lobby in which to meet with NTSB officials in Oxnard the 1 percent who, for some reason, this Chamber has unfortunately par- and the Coast Guard officials in Port were not living up to their responsibil- ticipated over the last several years. I Hueneme, CA, concerning the crash. ities under the Brady law, which is the hope this body has the courage to stand I say to the Senate that Alaska Air- law of the land. That kind of fact is tall and pass an amendment that we all lines has an exemplary safety record. what brought these suits about. know is right. In my State, their pilots and planes fly The suit, for instance, brought for- I thank the Chair for his courtesy. in the most challenging terrain and ward by the City of Chicago claims Mr. LIEBERMAN. Mr. President, I weather of our whole Nation, if not the that some manufacturers and some rise to express my opposition to Sen- world. This is a great tragedy for that dealers are completely reckless in how ator LEVIN’s amendment, which would small airline and for our State. they distribute guns. If each dealer deny bankruptcy protection to gun My thoughts are with those people were careful, if each dealer and manu- companies, and to explain the reasons who are involved in trying to make facturer did what the law says, the for my position. I intend to vote certain the airline continues and their number of people killed with guns by against Senator LEVIN’s amendment personal families of that airline who criminals and the number of children despite the fact that I have consist- are affected by this tragedy are cared who get guns would decline. These law- ently supported gun control legisla- for as well as the relatives of people suits are a very legitimate part of tion. who have lost their lives. American life. I know my colleague’s intentions are I thank my colleagues very much for I wish we didn’t need lawsuits, but good, but this amendment is not the their courtesy in allowing me to make since this Senate has stymied every right way to address the serious prob- this report to the Senate. single measure to bring rationality to lem of gun violence in our nation. It The PRESIDING OFFICER. Under would establish a dangerous new prece- the previous agreement, the Senator our laws about guns, not to take peo- ple’s guns away, as some of the oppo- dent in our Bankruptcy Code, and it from New York is recognized. would unfairly discriminate against an Mr. SCHUMER. Mr. President, I nents argue in terms of setting up a entire category of companies, regard- thank the Senator from Alaska for his straw man, but to say that the same less of whether a given company is be- remarks and say to him that—and I am responsibilities that someone who sure I speak for all the people of my drives a car or practices free speech having responsibly. In Connecticut, for State—we share the grief of the fami- has, because none of those rights is ab- example, Colt’s Manufacturing, which lies who have lost loved ones and all solute, should be visited upon gun man- has been at the forefront of developing those who have been affected by this ufacturers, gun dealers and, yes, gun new technologies to make guns safer, terrible tragedy. To hear of an out- owners. If this Chamber had moved for- teeters at the edge of bankruptcy be- standing citizen and his wife and ward in accordance with the will of the cause it has been caught up in the tide daughter losing their lives on that American people, we wouldn’t have of lawsuits against gun companies. flight reminds us all that there but for these lawsuits. But that is not the Would it be fair to deny Colt the nor- the grace of God go each of us. case. One can speculate as to why. mal protections afforded to any com- pany trying to reorganize? My col- f We have a Senate totally deadlocked, a Congress unable to even pass some- league from Michigan refers to the ir- BANKRUPTCY REFORM ACT OF thing as minute as closing the gun responsible practices of a few gun com- 1999—Continued show loophole. So we have these suits. panies, but his amendment could crip- Mr. SCHUMER. Mr. President, before They are legitimate lawsuits. They are ple reputable companies such as Colt’s. I get into the substance of my remarks, tried by a jury in accordance with Senator LEVIN seeks to amend the every time some of us on this floor American law. Bankruptcy Code so that firearm man- bring up gun issues—not to eliminate Mr. President, I ask the Senator from ufacturers filing for reorganization them, but to make sure those who Michigan to yield me 3 additional min- would not be entitled to the ordinary should not have them do not get utes. protections from product liability law- them—we hear from those who are op- Mr. LEVIN. I yield my friend from suits. He argues that a loophole in the posed to us that we are being political. New York 3 additional minutes. bankruptcy system allows gun compa- I do not understand that remark The PRESIDING OFFICER. We have nies to stay lawsuits and discharge other than it being a defensive remark. approached the time for the recess. their debts. In fact, the stay of law- First, I believe my views as strongly, Mr. SCHUMER. I thank the Chair for suits and discharge of debts to which say, as the Senator from Idaho believes his courtesy. Senator LEVIN refers is no loophole, his. I do not think I am being any more It is not the major gun dealers who but is essential to the proper operation or any less political than he is by de- are seeking the shield of bankruptcy; it of Chapter 11 of the Bankruptcy Code. fending that viewpoint. That is what is the companies, sometimes small, On more than one occasion, otherwise the Senate is all about. often nasty, that have sought this. healthy companies have been hit with Second, if one wants to argue about Look at the so-called ring of fire, gun huge numbers of product liability cases politics, a vast majority of Americans manufacturers around the city of Los simultaneously, and had to file for pro- support the position I support. That is Angeles that manufacture cheap hand- tection under Chapter 11. One recent what democracy is all about, and poli- guns, who know darn well that those example is Dow Corning, which filed tics is a good thing if you are rep- handguns are often ending up in the for reorganization in response to the resenting people’s views and trying to hands of young people who shouldn’t thousands of lawsuits over silicone do good for your country, your State, have them. They are the people against breast implants, and which is now pay- and your communities. So I do not whom the Senator from Michigan so ing out claims in an orderly and expe- quite get the political nature of the wisely is seeking to allow the court ditious process. If the lawsuits are not comment. process to continue. It would be the stayed by the bankruptcy court, then VerDate Mar 15 2010 22:39 Dec 04, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2000SENATE\S01FE0.REC S01FE0 mmaher on DSKCGSP4G1 with SOCIALSECURITY S188 CONGRESSIONAL RECORD — SENATE February 1, 2000 resolved in one tribunal, the company clusion of which time I will propound a ball skills but whose inspirational life would be more likely to fail before all unanimous consent request regarding is the kind of leadership we need more claimants can litigate their cases.