7/28/05 Senate S.397 Discussion

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Craig: Unlike most nations, we don't have gov't mfg of firearms. It's always been private sector, and they've done well. Some years ago we saw frustration in anti-gun community that public and congress wouldn't bend to their will. Because guns were not the issue, the criminals were. Criminal activity with guns has rapidly dropped because DoJ has said if you do the crime, you will do the time. But because the anti-gun community didn't get it there way, they have determined they can use the court system. They said somehow these responsible citizens building a product would be responsible for these criminal actions, and have had increasingly higher costs from lawsuit after lawsuit. Instead of insisting that their communities and LE go after the criminal element, these municipalities have taken the easy route out of frustration. Reiterates that negligent dealer, mfg, etc. would not be immune from appropriate legal action. Submits letter from DoD speaking to importance on S.397. Also submits statement from Senator. Points out editorials from Wall Street Journal on the importance of the necessity of tort reform, even if not in a broad manner at once.
 
Kohl just blathered that once every six hours a yougster between 8 and 19 commits suicide with a "gun". Where does he get this garbage? When is an 18 or 19 year old a youngster? What a crock.
 
Kohl: My amendment requires a safety device be sold with all handguns. This will go a long way to reducing the deaths among our young people. Every 6 hours a person between 10 and 18 commits suicide. A child safety lock could have prevented these tragedies. 11 million kids in houses with guns, in 65% of homes, the gun is accessible to the children. Trigger locks are already used by thousands of responsible gun owners. 75% of American public favors mandatory sale of locks with guns. Current administration supports this, Bush indicated he would support this during his previous campaign. This will not prevent every firearm accident. Stats show that those who buy locks are more likely to use them (DUH).
 
My impression from reading Thomas is that this amendment and the Frist two are the only ones being taken up. Is that correct, or are we going to take up all of the Kennedy, Schumer, Hillary, and Feinswine trash as well?
 
Yeah, the meth dealer whose kid shoots himself with the loaded pistol he left on the coffee table is real likely to use the enclosed triggerlock. More feel-good legislation that doesn 't help anything; but at least it doesn't hurt it.
 
My impression from reading Thomas is that this amendment and the Frist two are the only ones being taken up. Is that correct, or are we going to take up all of the Kennedy, Schumer, Hillary, and Feinswine trash as well?

That is correct so far. None of the other amendments will get a vote unless the Senate Leader (Frist) approves of it. So Frist has to allow enough amendments to get the 60 votes for cloture; but once he has that many Senators he can pretty much shut down any more amendments being offered.

The cloture vote is scheduled for tomorrow and there is no vote for any of the amendments but the three you mentioned scheduled so far. That could change; but since we still have 62 co-sponsors after yesterday's announcement that there would be limited opportunities to amend this bill, we hopefully will be able to limit it to just these amendments.
 
Reed: There are too many childhood suicides due to access to weapons. There is huge public support for this, over 70% of Americans. 6 out of 10 gun owners agree. Blah blah. Yields floor.

Craig: A trigger lock does not a safe weapon make. It can lay right beside a firearm unless it is inserted and locked. You can demand there be a trigger lock, but an irresponsible person can still cause harm to a child from their negligence. Senate thinks we can fix the world with a law. I'm not questioning sincerity of Kohl. Awareness creates a safer world, an educational process. Mfg, dealers know that. 90% of new handguns in US already have safety device with them. There are several nation orgs that constantly teach young people about firearms. NRA Eddie Eagle program for example. Still, child curiosity can cause accidents. Even with Kohl bill, it will happen. You cannot create a perfect world. The statistics are dramatically improving. Unintentional gun deaths in ‘01, 802 total. 15 were under the age of 5. 57 from 5-14. Trigger lock might have saved. But you have to get the responsible adult to put trigger lock in place. There were 110 from 15-19. This is an age when young people ought to know about firearms and their safe use. 20-24, 96. 25-45, 268 accidental deaths. 45-64, 177. From ‘92, there has been 54%(?) decline in these deaths. Yet gun ownership has risen. This is due to education.
 
Craig, continued: In no way should my statement be taken as not caring about one child's death. We won't talk about safety seats, etc. even though those are so dramatically higher. My point in arguing this issue is not to suggest that we shouldn't be concerned, but to recognize that safe storage devices or no substitute for common sense and understanding. While I know this is popular, the point is that the world understands better today, and accidental deaths have dropped and continue to drop. Nothing replaces the responsible actions of an adult in the exercising of his constitutional rights.
 
The trigger lock amendment is the bone thrown to the moderates to keep them supporting the bill.

Nothing more.

DiFi and others are going to be shut out.

So will pro gun amendments.
 
Does the trigger lock amendment say it has to be sold with the handgun, or delivered. In other words, can I take a lock in to the dealer and "give" it to him before I buy, and then he "deliver" it to me?

What does a safe owner need with a pile of crappy locks?
 
Hutchison: I'm here to say that it is very important that Senate do everything we can to stop these frivolous lawsuits against gun mfgs. It is our litigious nature that drives jobs out of the country. One of the areas with this abuse is suing gun mfg for misuse of gun. That's like suing a plate maker when their dish is thrown at somebody else. There are many areas you can sue a gun mfg if the gun malfunctions. They would also be allowed for known violation of firearms law. Breach of contract, warranty, defective, etc. But when you have lawsuits filed by cities against Sig or Colt, etc. and the cities are just filing these suits to stop the mfg of guns, that's wrong. The RKBA is one of the most treasured of our rights. I have a bill right here in DC to end the deprivations of RKBA. America is one of the few countries without gov't mfg of guns. It is not the fault of the gun mfg if a crime is committed, we should put the fault on the person committing the crime. Craig has laid out very well the issue of the gun locks. I want every gun to be sold with a lock, I want everyone to have these safety protections in their home. Most gun owners are responsible and will have these. I applaud the efforts of Craig, and hope we can take one more step to curb the lawsuit abuse in this nation that happens in many areas.
 
As of yesterday (no amendments filed) there were 67 co-sponsors.

I too heard the number 67 but then heard is again stated as 61. Today it was announced that another sponsor was added bringing it to 62.

triggerlock. More feel-good legislation that doesn 't help anything; but at least it doesn't hurt it.

It hurts a lot if the only thing that makes sense of the requirement is to later make their use mandatory to avoid liability and gun confiscation.
 
Does the trigger lock amendment say it has to be sold with the handgun, or delivered?

There is no text for the amendment yet; but the one offered last year was this one:

(1) MANDATORY TRANSFER OF SECURE GUN STORAGE OR SAFETY DEVICE.--Section 922 of title 18, United States Code, is amended by inserting at the end the following:

``(z) SECURE GUN STORAGE OR SAFETY DEVICE.--

``(1) IN GENERAL.--Except as provided under paragraph (2), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed under this chapter, unless the transferee is provided with a secure gun storage or safety device (as defined in section 921(a)(34)) for that handgun.

``(2) EXCEPTIONS.--Paragraph (1) shall not apply to--

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

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

``(C) the transfer to any person of a handgun listed as a curio or relic by the Secretary pursuant to section 921(a)(13); or

``(D) the transfer to any person of a handgun for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in section 923(e), if the licensed manufacturer, licensed importer, or licensed dealer delivers to the transferee within 10 calendar days from the date of the delivery of the handgun to the transferee a secure gun storage or safety device for the handgun.

``(3) LIABILITY FOR USE.--

``(A) IN GENERAL.--Notwithstanding any other provision of law, a person who has lawful possession and control of a handgun, and who uses a secure gun storage or safety device with the handgun, shall be entitled to immunity from a qualified civil liability action.

``(B) PROSPECTIVE ACTIONS.--A qualified civil liability action may not be brought in any Federal or State court.

``(C) DEFINED TERM.--As used in this paragraph, the term `qualified civil liability action'--

``(i) means a civil action brought by any person against a person described in subparagraph (A) for damages resulting from the criminal or unlawful misuse of the handgun by a third party, if--

``(I) the handgun was accessed by another person who did not have the permission or authorization of the person having lawful possession and control of the handgun to have access to it; and

``(II) at the time access was gained by the person not so authorized, the handgun had been made inoperable by use of a secure gun storage or safety device; and

``(ii) shall not include an action brought against the person having lawful possession and control of the handgun for negligent entrustment or negligence per se.''.

(b) 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 SECURE GUN STORAGE OR SAFETY DEVICE.--

``(1) IN GENERAL.--

``(A) SUSPENSION OR REVOCATION OF LICENSE; CIVIL PENALTIES.--With respect to each violation of section 922(z)(1) by a licensed manufacturer, licensed importer, or licensed dealer, the Secretary may, after notice and opportunity for hearing--

``(i) suspend for not more than 6 months, or revoke, the license issued to the licensee under this chapter that was used to conduct the firearms transfer; or

``(ii) subject the licensee to a civil penalty in an amount equal to not more than $2,500.

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

``(2) ADMINISTRATIVE REMEDIES.--The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) shall not preclude any administrative remedy that is otherwise available to the Secretary.''.

(c) LIABILITY; EVIDENCE.--

(1) LIABILITY.--Nothing in this title shall be construed to--

(A) create a cause of action against any Federal firearms licensee 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 title shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action relating to section 922(z) of title 18, United States Code, as added by 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(z) of that title.

SEC. 204. EFFECTIVE DATE.

This title and the amendments made by this title shall take effect 180 days after the date of enactment of this Act.
 
I hate this calm before the vote. I hope Kohl doesn't pass, but no doubt it will. I for one don't WANT to pay for a lock with all my handgun buys. They make safes for a reason, and I choose that route. :mad:
 
``(1) IN GENERAL.--Except as provided under paragraph (2), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed under this chapter, unless the transferee is provided with a secure gun storage or safety device (as defined in section 921(a)(34)) for that handgun.

So that sounds like if you bring in your own, you don't have to buy one of theirs.

`
`(2) EXCEPTIONS.--Paragraph (1) shall not apply to--

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

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

Okay, I can see why the military doesn't need a stupid trigger lock to be provided for every pistol, but why not Police Officers (whether on or off duty) ??? Don't they have kids ??? Isn't this for the children ???
 
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