mr. speaker , i rise in strong support of s. 397 , the protection of lawful commerce in arms act , and thank the chairman of the judiciary committee , the gentleman from wisconsin , for bringing this legislation forward . 
the second amendment to the u.s. constitution clearly declares that the rights of citizens to keep and bear arms shall not be infringed . 
despite this fundamental protection , an extreme minority determined to restrict the supply of firearms and firearms ownership has discovered a new tool , frivolous lawsuits . 
recently , more than 30 cities and counties have filed lawsuits against the firearms industry alleging that the industry is liable for the actions of third parties , including those that use lawful firearms in a criminal manner . 
many legitimate firearms manufacturers could be forced to go out of business due to the prohibitive costs of defending these targeted lawsuits . 
if the courts are so allowed to decide the fate of gun manufacturers , then the trial lawyers and the courts will effectively be regulating the supply of firearms and thus the right of citizens to bear arms . 
however , legislatures , not courts , are the proper forums for deciding the scope of regulation for the firearms industry . 
s. 397 would prevent plaintiffs from bringing civil actions against firearm manufacturers and sellers for the criminal or unlawful misuse of third parties of properly made firearms . 
this bill will help to put an end to the judiciary legislating in the firearms field . 
it will also serve as an important statement that responsibility for wrongdoing should rest with the wrongdoer . 
as oliver wendall holmes stated in an 1894 harvard law review article : `` why is not a man who sells firearms answerable for assaults committed with pistols bought of him since he must be taken to know the probability that sooner or later someone will buy a pistol of him for some unlawful end ? 
`` the principle seems to be pretty well established in this country , at least , that everyone has a right to rely upon his fellow man acting lawfully . 
over 30 states have enacted legislation to prevent junk lawsuits against the firearms industry based on the criminal behavior of others . 
these states have thus declared that the responsibility for wrongdoing should rest with wrongdoers . 
congress should follow the states ' lead and pass s. 397 . 
the house has passed the protection of lawful commerce in arms act on several occasions . 
now the senate has passed it . 
we have a chance to send this bill to the president of the united states . 
i urge my colleagues to support this important legislation . 
