7/27/05 Senate | S. 397

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Craig reads statistics. Between ‘93 and ‘03 that accidental gun deaths have declined 40%. Motor vehicle deaths, unintentional, over 100k. Falls, 16k, drownings 13k, etc. Firearms, unintentional, 700. Less than 1% of overall. Over the past 7 years, 14 and under accidental firearm deaths decreased 60%. Says private efforst are reason for this, not Feds. Says debate has nothing to do with crime on the streets.
 
Dodd cites 57 of 10 mil. Craig responds that it is the millions spent that counts. Thinks Dodd is fundamentally wrong, and points out 397 only addresses the third party liability issue. Dodd says no other industry has this, Craig points out it was done for aircraft industry when they were facing same problems.
 
Did I just hear that right from Sen Reed? No amendments can be offered? Did Frist actually do something right and block all of them via procedure?
Yeah!! Way to go!
 
Reid complaining about Repubs not allowing voting on certain amendments. Says they have been unable to offer any amendments, and wants a decision on when they can be heard. Craig says there is no intent to block all amendments, and says they have only seen the amdts for only 30 minutes, and need time to examine them in light of amdts offered last year. Says some of the amendments may likely meet the standards, and several wil be considered.
 
Reed says amdt offered are child locks, exemption for LE from 397, and third about cases with children being exempted.
 
Repeal NFA????? I know, dream on.....


We need 922 (o) repealed first, the ban on domestic automatics.

I'll never own an automatic but there was NO REASON to ban them in 1986.
 
Baucus is up, talking about 397. Says it corrects the injustice against gun mfgs, the increasing number of lawsuits seeking to impose liability due to actions they have no power over. Businesses that follow the law and produce legitimate products should not have to deal with the unacceptable burden. No other industry has to deal with this. Each year shooters spend 21 billion bucks, and in turn provides for jobs, taxes, etc. Additionally, excise taxes generate revenue for conservation efforts. Threats against gun industry pose threat against mil. If companies are forced out of business, mil will have no choice but to look abroad for weapons. The industry should not be penalized for selling product that works as designed. But that is exactly what is being asked for. Cites lawsuits that would require 1 gun a month restrictions outside of law, a prohibition against dealers without at least a quarter million in guns in stock. Most courts have dismissed these, and the courts are the least equipped and appropriate to micro manage the gun industry. The costs of insurance, defense costs, etc. are skyrocketing and threatening to bankrupt gun mfgs. 397 will not shield the industry for wrong doing.
 
Points out bill would only protect law abiding members of gun industry from lawsuits only intended to harass and bankrupt. We all agree that guns used in criminal or negligent matter is tragic, and those who do such should be punished, including gun mfgs. 397 would do nothing to change this, but at the same time it isn't fair to hold them responsible for third party acts. Why should a mfg be responsible if they sell a gun legally to a dealer, and it is then stolen? It makes no sense. Goes on to other subject.
 
I enjoyed watching Reid of Nevada as minority leader trying to"look like " he's supporting Reed of Delaware in this amendment's knowing that amendments can't be attached and knowing that he, Reid of Nevada will vote for the bill.

It's kinda tough when your in the minority and your "leader" supports the other side.
 
Levin is up, offering an amdt that says nothing in this act would prohibit a civil liability if own gross negligence was a proximate cause of death or injury. Craig says these are not well defined terms. Levin says that term is well defined, cites sources. Craig objects to amendment until it has been reviewed.

Was all that confusing as hell to anybody else? Even after Levin spoke for a few minutes, I was lost.
 
The (automated) response from Sen. Durbin-IL :

Dear Scout26:

Thank you for contacting me about lawsuits against the gun industry. I appreciate knowing your views on this important issue.

I am not against the possession of guns. I believe Americans are entitled to own and use guns in a responsible fashion. At the same time, I believe it is important to hold gun owners and manufacturers responsible when their conduct is negligent or clearly violates the law. Courts across the country have ruled that lawsuits against gun manufacturers are not frivolous. Among the courts reaching this conclusion are the Supreme Court of Ohio; the Courts of Appeals in Illinois, New Jersey, and New Mexico; and trial courts in West Virginia, Michigan, Ohio, and Massachusetts.

I am hopeful that gun manufacturers will reduce the likelihood of being sued by taking common-sense steps toward eliminating the threat of gun
violence. On November 20, 2003, a federal appeals court in California
reinstated a wrongful death lawsuit against gun manufacturers and distributors whose weapons were used by a white supremacist who shot and killed a postal worker and wounded five people -- including three children at a Jewish day care center -- in a 1999 Los Angeles-area rampage. In reinstating the case, the judge wrote that the gun company continues to supply weapons to distributors "who are responsible for the sales of guns that end up in the hands of criminals."

In 2004, the Senate rejected, by a vote of 90-8, the passage of the Protection of Lawful Commerce in Arms Act. This legislation, which has been reintroduced this year, prohibits lawsuits, except in specified circumstances, against a manufacturer or seller of a firearm or ammunition, or a trade association, for damages resulting from the criminal or unlawful misuse of a firearm or ammunition.

This legislation seeks to provide unprecedented immunity from civil lawsuits -- not just for gun manufacturers and dealers, but also for the gun lobby. It does not just dismiss cases that are "frivolous." It clearly dismisses cases that have merit and have survived motions to dismiss. I cannot support this legislation, which is clearly unfair to victims of gun-related crimes who can make a case that the gun manufacturer played a role in their injuries.

Thank you once again for sharing your views.
Sincerely,




Richard J. Durbin
United States Senator

RJD/el

P.S. If you are ever visiting Washington, please feel free to join Senator Obama and me at our weekly constituent coffee. When the Senate is in session, we provide coffee and donuts every Thursday at 8:30 a.m. as we hear what is on the minds of Illinoisans and respond to your questions.
We would welcome your participation. Please call my D.C. office for more details


Lies, half-truths and dissembles the truth. But free coffee and donuts !!! Time to fire up the "Whoa Nelly, that ain't quite the whole truth" e-mail.
 
John Warner (R-VA) is criticizing the bill and trying to amend it. What a sleaze.
 
Warner is up, has amdt to be filed. Says he is supporter of tort reform. Lists past efforts he has supported. Proponents of 397 have acted in good faith, and says there have indeed been many bad lawsuits against mfgs. Submits letter from Beretta. Says he is concerned about broad scope of 397, that if bill had been law before DC snipers, it would have prevented victims from suing gun dealer. Talks about the case. Says 397 gives blanket immunity to dealers like this. Again reiterates concern over baseless lawsuits, and says he support provisions of bill that support legit dealers. Says those with history of lost or stolen weapons should not receive free pass from responsibility for weapons. Amdt would make it so victims would be able to sue dealers with history of lost or stolen guns as defined by AG, and it is used in way that causes death or injury, 397 would not prevent it.
 
Grr. He is not a cosponsor, so his amendment may be ignored. On the other hand, he's a republican, so they might let it go to a vote.

They just said "the amendment will be reviewed" and refused to rule on its germaneness. So that's a good sign.
 
Craig is up. Ask that Warner examine the Frist amendment, says it sends message to dealers that there is no exception for them in 397. Talks about how it is only the frivolous lawsuits that will be barred, and that 397 is narrowly defined.

The Warner amdt is not going to be considered as to whether it is germane or not at this time.
 
Reed is up again, oh god 3000 children in the recreational pharmaceutical distribution industry are killed every year.
 
Reed is up talking about 3k kids dead a year from guns. Talking about Kohl amdt that will mandate that a trigger lock be sold with every handgun. Says 73% of Americans support this amdt, as well as 60% of gun owners.
 
Thanks to Nightfall. I wasn't able to watch the debates. I appreciated the running commentary. :)
 
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