On the recordApril 9, 2003
Mr. Chairman, I think, regarding the people who have made statements in support of and against this amendment, I think the problem is that we have left a substantial ambiguity in the law because we have not taken the time to deal with this in the committee, where it should have been dealt with. With all respect to the chairman of my subcommittee, the gentleman from Utah (Mr. Cannon), whom I respect and admire greatly, the fact that somebody shows up at a hearing and says that this language, ``used as intended,'' means one thing or another really is not going to be what controls that. The same judges that they have said are irresponsible are going to be making that determination. Mr. Chairman, when we write a piece of legislation, it is our responsibility to write it in a way that leaves them no discretion about what we mean. I would submit that a child who picks up a gun and drops it, and it discharges, most of us would stand here and say that that gun was not being used as intended. Therefore, the parents of that child would have no recourse; nobody would have any recourse against the manufacturer. I would submit that anybody who drops a gun and it accidentally discharges, as it did in the case of the gentleman from Rhode Island (Mr. Langevin), could reasonably argue that that was not, or that that falls within the exception. It is our responsibility to close these loopholes, not open additional ones.
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