7/27/05 Senate | S. 397

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I watched about an hour of the C-SPAN coverage, and I must say that I have never seen such dominance in debate as the Republicans just displayed. The Democrats had, maybe, one decent speaker.
 
Lautenberg wants an amendment to exempt children from this bill so their parents can sue gun makers.
 
Craig says that the gunlock amendment Reed submitted is different and much more broad than the Kohl amendment from last year and his objection stands.

Craig also jams the "S&W only spent $4,500 defending itself from these lawsuits" argument they had been making with a detailed account of the millions S&W spent over the last ten years.
 
Larry Craig just read a letter from Smith and Wesson saying they have spent millions over the last 10years to defendagainst frivilous lawsuits.
 
Here's the Kohl/Boxer Gun Lock amendment, for reference:
SEC. 1XX. CHILD SAFETY LOCKS.
(a) Definitions: Section 921(a) of title 18, United States Code, is amended by adding at the end the following:

`(34) The term `locking device' means a device or locking mechanism--

`(A) that--

`(i) if installed on a firearm and secured by means of a key or a mechanically, electronically, or electromechanically operated combination lock, is designed to prevent the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically, electronically, or electromechanically operated combination lock;

`(ii) if incorporated into the design of a firearm, is designed to prevent discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm; or

`(iii) is a safe, gun safe, gun case, lock box, or other device that is designed--

`(I) to store a firearm; and

`(II) to be unlocked only by means of a key, a combination, or other similar means; and

`(B) that is approved by a licensed firearms manufacturer for use on the handgun with which the device or locking mechanism is sold, delivered, or transferred.'.
(b) Unlawful Acts:

(1) In general: Section 922 of title 18, United States Code, is amended by inserting after subsection (x) the following:
`(y) Locking Devices:

`(1) In general: Except as provided in paragraph (2), it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun.

`(2) Exceptions: Paragraph (1) does not apply to--

`(A) the--

`(i) manufacture for, transfer to, or possession by, the United States or a State or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State, of a firearm; or

`(ii) transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a firearm for law enforcement purposes (whether on or off duty); or

`(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a firearm for purposes of law enforcement (whether on or off duty).'.

(2) Effective date: Section 922(y) of title 18, United States Code, as added by this subsection, shall take effect 150 days after the date of enactment of this Act.
(c) Liability; Evidence:

(1) Liability: Nothing in this section shall be construed to--

(A) create a cause of action against any firearms dealer or any other person for any civil liability; or

(B) establish any standard of care.

(2) Evidence: Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this section.

(3) Rule of construction: Nothing in this subsection shall be construed to bar a governmental action to impose a penalty under section 924(p) of title 18, United States Code, for a failure to comply with section 922(y) of that title.
(d) Civil Penalties: Section 924 of title 18, United States Code, is amended--

(1) in subsection (a)(1), by striking `or (f)' and inserting `(f), or (p)'; and

(2) by adding at the end the following:
`(p) Penalties Relating to Locking Devices:

`(1) In general:

`(A) Suspension or revocation of license; civil penalties: With respect to each violation of section 922(y)(1) by a licensee, the Secretary may, after notice and opportunity for hearing--

`(i) suspend or revoke any license issued to the licensee under this chapter; or

`(ii) subject the licensee to a civil penalty in an amount equal to not more than $10,000.

`(B) Review: An action of the Secretary under this paragraph may be reviewed only as provided in section 923(f).

`(2) Administrative remedies: The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) does not preclude any administrative remedy that is otherwise available to the Secretary.'.
(e) Effective Date: This section and the amendments made by this section shall take effect 150 days after the date of enactment of this Act.
Click to expand...
 
Now Reed is running down the 1911 and saying the Beretta is a better weapon


He has obviously never held a pistol before. :neener:
 
how is what Sen. Lincoln is rambling about relevent to the business of the US Senate?
Lautenburg was talking about a waste of time on the immunity bill- perhaps he should complain to his fellow Dem...wholly irrelevent.
 
I just emailed my senators....not that it will do any good, but at least I did what could.
 
I said this before the Kohl trigger lock stuff will be thrown to the Senate antis as a bone.

It may attract moderate support from folks like Joe Lieberman and Dick Lugar
As long as nothing else anti gun comes up, I'm cool.
 
Dodd is up, saying he has been transfixed by Reed's case, and commends him for well thought out arguments. Calls him a good educator on the subject issue. Questions the wisdom of making the decision of considering S.397 instead of Defense Authorization Bill. Says it's stunning that it was put aside to take up S.397.
 
Dodd says Senate is saying gun lobby is more important than troops. Says bill conveys special privileges to a powerful industry. Doesn't understand how this bill is more important than needs of uniformed soldiers, and veterans, etc. Claims more than passing knowledge of gun mfg, cites Colt, Ruger, etc. being in his state of Connecticut. Says he represents good people working in the industry. Talks about the history of gun in Conn. As strongly as he supports these people, the idea that they would absolve them from their legal responsibilities is stunning.
 
Dodd says they are sending a message to gun industry that they don't have to worry about being responsible for their actions, no matter how many people are harmed by them. Says it's more than a little ironic that this is put forward by so many talkers about individual responsibility. Consequences are: will not reduce gun violence, and ignores devastating toll of firearms in the US. Says numbers are staggering, and exceeds by far Canada, Japan, and France. Firearm death rate for children is 12 times higher than in all other 25 industrialized nations combined. Says it's worse than polio epidemic. Economic loss is staggering. Average cost of unintentional shootings is twenty something thousand per case. Speaks about costs to health care, LE, etc. Shameful that the Senate is making streets and homes more dangerous thanks to S.397. Says we have more regulations on toy guns has more regulations than real guns. NRA made sure of this.
 
Dodd read a letter from BATFE saying how this bill would hamper their efforts.....sounds like an endorsement for passage to me......
 
Says S.397 will increase criminal behavior. Says 80 police chiefs, etc. say S.397 will strip away rights of victims seeking redress from gun mfg and dealers. They say it's a bad bill and a bad idea, and will cause problems in the streets. ATF says this bill will handcuff them, and facilitate terrorists and others seeking firearms for destruction. That in post 9/11 this is nothing short of madness. Dodd says studies have shown that tech such as load indicator is inexpensive and readily available, as is mag disconnects and child safety devices. They have no hope now thanks to 397. Talks about DC snipers and Bullseye store.
 
Talks about gun show purchases by Columbine, and how mfgs won't be responsible for this thanks to 397. Says only 57 out of 10 mil cases lawsuits were against gun mfgs, there is no problem. Says the impact on gun industry has hardly been crushing, that industry is lying about millions spent on defense. Claims 397 itself is frivolous. Quotes gun mfg saying they have little risk from liability litigation, etc. Repeats 4k figure said earlier. Claims shady practices of gun industry has been revealed, and will gain immunity with 397. We should be protecting cops and PDs, not placing more guns in streets. Instead should be closing gun show loop hole and making permanent AWB. Calls 397 an outrage, and again harps that there are so many gun mfgs in his state.
 
Ironically Dodd claims that though he "respects" the gun manufacturers in his state, he won't protect them from frivolous lawsuits. I wonder what he would say if all the manufacturers (all of whom are in favor os S.397 and represent thousands of local jobs) decided to move to another state if S.397 doesn't pass?
 
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