mr. speaker , i do not believe that manufacturers or sellers of weapons should be liable for injuries , which result from the use of their products in criminal ways , simply because they produce and distribute their products . 
the manufacture , distribution and sale of firearms is legal in our nation . 
and unless a manufacturer or seller of arms acts in some wrongful or criminal way , holding them liable effectively as insurers -- i believe is inappropriate and probably a violator of the constitution 's commerce clause . 
for example , i believe that the lawsuit pending in federal court between the district of columbia and beretta and other gun manufacturers is an example of a claim that would effectively make gun manufacturers insurers for wrongful conduct . 
i expect the manufacturers to prevail in that case . 
however , the bill before us goes beyond this premise , and overreaches in key respects . 
first , i oppose the `` look back '' provision in this bill that requires the immediate dismissal of civil liability lawsuits against gun manufacturers that are pending on the date of enactment . 
as a matter of principle and as a matter of policy , i do not believe that congress should pass legislation that interferes with on-going civil lawsuits . 
this is tantamount to changing the rules in the middle of the game , and i generally believe this approach is inappropriate . 
and second , i am troubled that , as the american bar association has pointed out , the legislation would preempt state product liability laws with a new , higher standard that would protect the gun industry even if it failed to implement safety devices that would prevent foreseeable injuries , so long as an injury or death suffered by a victim resulted when the gun was not `` used as intended. '' today , manufacturers must adopt feasible safety devices that would prevent injuries caused when their products are foreseeably misused , regardless of whether the uses are `` intended '' by the manufacturer , or whether the product `` fails '' or `` improperly '' functions . 
if perfected , i might well have voted for this bill . 
however , no amendments were allowed by the republican majority to answer the concerns i have expressed . 
therefore , i will vote `` no . '' 