Daily Highlights of S.397 Debate


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Bartholomew Roberts
July 27, 2005, 01:16 PM
July 26, 2005 - A motion to proceed with S.397 is brought to the Senate floor. After a cloture vote on S.1042 (defense appropriations bill) fails, Senator Frist asks for a cloture vote on the motion to proceed. We win this vote 66-32 (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00206).

However, all this does is prevent the anti-gun crowd from filibustering while they debate whether they should even discuss S.397. A link to the Congressional Record is located here:
http://thomas.loc.gov/r109/r109.html

July 27, 2005 - Senate resumes debate on the motion to proceed to actual discussion of S.397. A cloture vote for S.397 itself wasscheduled for 2pm Eastern today. Instead the motion to proceed with debate on S.397 was passed on an unrecorded voice vote. The motion for cloture (to block filibuster) was moved to Friday.

Amendments may be offered to the bill; but under stricter than normal standards to determine if they are germane. Frist has filled the tree (http://www.gunowners.org/a030204a.htm) on this bill. The following amendments to S.397 were filed yesterday by both parties but have not yet accepted under a unanimous consent agreement:

3. S.AMDT.1607 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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4. S.AMDT.1608 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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5. S.AMDT.1609 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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6. S.AMDT.1610 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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7. S.AMDT.1611 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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8. S.AMDT.1612 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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9. S.AMDT.1613 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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10. S.AMDT.1614 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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11. S.AMDT.1615 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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12. S.AMDT.1616 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Clinton, Hillary Rodham [NY] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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13. S.AMDT.1617 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Corzine, Jon S. [NJ] (introduced 7/27/2005) Cosponsors (4)
Latest Major Action: 7/27/2005 Senate amendment submitted


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14. S.AMDT.1618 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Corzine, Jon S. [NJ] (introduced 7/27/2005) Cosponsors (4)
Latest Major Action: 7/27/2005 Senate amendment submitted


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15. S.AMDT.1619 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Corzine, Jon S. [NJ] (introduced 7/27/2005) Cosponsors (5)
Latest Major Action: 7/27/2005 Senate amendment submitted


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16. S.AMDT.1620 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Lautenberg, Frank R. [NJ] (introduced 7/27/2005) Cosponsors (1)
Latest Major Action: 7/27/2005 Senate amendment submitted


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17. S.AMDT.1621 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Feinstein, Dianne [CA] (introduced 7/27/2005) Cosponsors (8)
Latest Major Action: 7/27/2005 Senate amendment submitted


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18. S.AMDT.1622 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Feinstein, Dianne [CA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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20. S.AMDT.1624 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Kohl, Herb [WI] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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21. S.AMDT.1625 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Warner, John [VA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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23. S.AMDT.1630 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Schumer, Charles E. [NY] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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24. S.AMDT.1631 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Schumer, Charles E. [NY] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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25. S.AMDT.1632 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Schumer, Charles E. [NY] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted

While no text has been filed in the official records, we know from Senate transcripts that the following amendments have been offered:

Corzine - to exempt law enforcement from S.397
Launtenberg - to exempt parents of children injured bu guns from S.397


Unanimous consent to allow a vote for the following amendments was reached; but no vote has been held as of yet:

1. S.AMDT.1605 to S.397 To amend the exceptions.
Sponsor: Sen Craig, Larry E. [ID] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment proposed (on the floor)
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2. S.AMDT.1606 to S.397 To make clear that the bill does not apply to actions commenced by the Attorney General to enforce the Gun Control Act and National Firearms Act.
Sponsor: Sen Frist, William H. [TN] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment proposed (on the floor)


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19. S.AMDT.1623 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Levin, Carl [MI] (introduced 7/27/2005) Cosponsors (1)
Latest Major Action: 7/27/2005 Senate amendment submitted


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July 28, 2005 - Debate on S.397 begins at 9:30am.

The following amendment was successfully attached to S.397 on a 70-30 vote (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00207). Here is the text of this amendment (http://www.thehighroad.org/showpost.php?p=1826419&postcount=36).

22. S.AMDT.1626 to S.397 To amend chapter 44 of title 18, United States Code, to require the provision of a child safety lock in connection with the transfer of a handgun.
Sponsor: Sen Kohl, Herb [WI] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment proposed (on the floor)

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Bartholomew Roberts
July 28, 2005, 02:27 PM
The following amendment will be offered to S.397. Debate on this amendment will happen from 2-3pm Eastern today:

19. S.AMDT.1623 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Levin, Carl [MI] (introduced 7/27/2005) Cosponsors (1)
Latest Major Action: 7/27/2005 Senate amendment submitted

The Congressional Record shows Levin discussing the following amendment (which Craig objected to) yesterday:

nothing in this act would prohibit a civil liability if own gross negligence was a proximate cause of death or injury.

S.AMDT.1623 was voted down 62-37. (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00208)

Bartholomew Roberts
July 29, 2005, 09:39 AM
The following new amendments have shown up as being filed; but have not yet received or been scheduled for a vote:

26. S.AMDT.1633 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Boxer, Barbara [CA] (introduced 7/28/2005) Cosponsors (None)
Latest Major Action: 7/28/2005 Senate amendment submitted


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27. S.AMDT.1634 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Boxer, Barbara [CA] (introduced 7/28/2005) Cosponsors (None)
Latest Major Action: 7/28/2005 Senate amendment submitted


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28. S.AMDT.1635 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Lautenberg, Frank R. [NJ] (introduced 7/28/2005) Cosponsors (None)
Latest Major Action: 7/28/2005 Senate amendment submitted


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29. S.AMDT.1636 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Lautenberg, Frank R. [NJ] (introduced 7/28/2005) Cosponsors (None)
Latest Major Action: 7/28/2005 Senate amendment submitted


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30. S.AMDT.1637 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Reed, Jack [RI] (introduced 7/28/2005) Cosponsors (None)
Latest Major Action: 7/28/2005 Senate amendment submitted


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31. S.AMDT.1638 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Reed, Jack [RI] (introduced 7/28/2005) Cosponsors (None)
Latest Major Action: 7/28/2005 Senate amendment submitted


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32. S.AMDT.1639 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Durbin, Richard [IL] (introduced 7/28/2005) Cosponsors (None)
Latest Major Action: 7/28/2005 Senate amendment submitted


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33. S.AMDT.1640 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Durbin, Richard [IL] (introduced 7/28/2005) Cosponsors (None)
Latest Major Action: 7/28/2005 Senate amendment submitted


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34. S.AMDT.1641 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Frist, William H. [TN] (introduced 7/28/2005) Cosponsors (None)
Latest Major Action: 7/28/2005 Senate amendment submitted


The Senate will be meeting to discuss H.R. 2361 this morning at 9:00am. After that they will discuss H.R. 2985 and have an hour of debate over the Energy committee conference report. Eventually S.397 should come up for a cloture vote today...The following amendments are going to be voted on:

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11. S.AMDT.1615 to S.39 (http://www.thehighroad.org/showpost.php?p=1826354&postcount=12) EXPANSION OF DEFINITION OF ARMOR PIERCING AMMUNITION. See Congressional Record July 27, 2005 for text.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/27/2005) Cosponsors (None)
Latest Major Action: 7/27/2005 Senate amendment submitted


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15. S.AMDT.1619 to S.397 SEC. 5. LAW ENFORCEMENT EXCEPTION.

Nothing in this Act shall be construed as limiting the right of an officer or employee of any Federal, State, or local law enforcement agency to recover damages authorized under Federal or State law.

Sponsor: Sen Corzine, Jon S. [NJ] (introduced 7/27/2005) Cosponsors (5)
Latest Major Action: 7/27/2005 Senate amendment submitted


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16. S.AMDT.1620 to S.397
On page 10, strike line 3 and all that follows through page 11, line 2, and insert the following:

(iv) an action for breach of contract or warranty in connection with the purchase of the product;

(v) an action for death, physical injuries or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense then such act shall be considered the sole proximate cause of any resulting death, personal injuries or property damage; or

(vi) any case against a manufacturer or seller involving an injury to or the death of a person under 17 years of age.

(B) NEGLIGENT ENTRUSTMENT.--As used in subparagraph (A)(ii), the term ``negligent entrustment'' means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others.

(C) RULE OF CONSTRUCTION.--The exceptions enumerated under clauses (i) through (vi)

Sponsor: Sen Lautenberg, Frank R. [NJ] (introduced 7/27/2005) Cosponsors (1)
Latest Major Action: 7/27/2005 Senate amendment submitted

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35. S.AMDT.1642 to S.397 Purpose will be available when the amendment is proposed for consideration. See Congressional Record for text.
Sponsor: Sen Reed, Jack [RI] (introduced 7/28/2005) Cosponsors (None)
Latest Major Action: 7/28/2005 Senate amendment submitted

The cloture vote to end debate on this bill is scheduled for today. The amendments that are receiving a vote are believed to be a Kennedy Ammo Ban, Corzine Exemption for law enforcement officials and Lautenberg exemption for parents whose children were injured by guns. Reed will be offering a bill to change S.397 so that it applies only to municipalities. Most of these amendments were filed last year and lost and should do so again today.

Bartholomew Roberts
July 29, 2005, 04:53 PM
SA 1644 - Mr. CRAIG -To protect the rights of children who are victimized by crime to secure compensation from those who participate in the arming of criminals. - Text of amendment not yet available.

This amendment was voted on today and passed 72-26 (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00214).

SA 1620 (http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SP1620:). Mr. LAUTENBERG - To exempt lawsuits involving injuries to children from the definition of qualified civil liability action

This amendment was voted on today and was defeated 64-35 (http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SP1620:).

SA 1645 Mr. CRAIG - offered an amendment to enhance penalties for using AP ammo in a crime and conduct a Congressional study on use of AP ammo in crimes - Text of amendment not yet available

This amendment was voted on today and passed 87-11 (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00216). It is an alternative to Kennedy's bill.

11. S.AMDT.1615 to S.39 EXPANSION OF DEFINITION OF ARMOR PIERCING AMMUNITION. See Congressional Record July 27, 2005 for text.
Sponsor: Sen Kennedy, Edward M. [MA] (introduced 7/27/2005) Cosponsors (None)

This amendment was voted on and defeated 64-31 (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00217).

15. S.AMDT.1619 to S.397 SEC. 5. LAW ENFORCEMENT EXCEPTION.

Nothing in this Act shall be construed as limiting the right of an officer or employee of any Federal, State, or local law enforcement agency to recover damages authorized under Federal or State law.

Sponsor: Sen Corzine, Jon S. [NJ] (introduced 7/27/2005) Cosponsors (5)
Latest Major Action: 7/27/2005 Senate amendment submitted

Senator Corzine acknowledged this amendment would fail and asked for a voice vote to speed things up. The amendment was defeated on a voice vote.

35. S.AMDT.1642 to S.397 Changes S.397 to apply only to municipalities. See Congressional Record for text.
Sponsor: Sen Reed, Jack [RI] (introduced 7/28/2005) Cosponsors (None)
Latest Major Action: 7/28/2005 Senate amendment submitted

This amendment was voted on and defeated 63-33 (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00218).

Bartholomew Roberts
July 29, 2005, 06:32 PM
S.397 passes as amended 65-31! (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00219)

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