Skip to comments.
PRESIDENT BUSH SIGNS "PROTECTION OF LAWFUL COMMERCE IN ARMS ACT" LANDMARK NRA VICTORY NOW LAW
NRA-ILA ^
| October 26, 2005
| NA
Posted on 10/26/2005 11:57:47 AM PDT by neverdem
(Washington, DC) - President George W. Bush today signed into law the National Rifle Association (NRA)-backed "Protection of Lawful Commerce in Arms Act" (S. 397) ending politically motivated lawsuits designed to bankrupt law-abiding American firearm manufacturers and retailers. S. 397 passed both chambers in Congress with broad bipartisan support.
"This is an historic day for freedom. I would like to thank President Bush for signing the most significant piece of pro-gun legislation in twenty years into law. History will show that this law helped save the American firearms industry from collapse under the burden of these ruinous and politically motivated lawsuits," said Wayne LaPierre, NRAs executive vice president.
In late July, the Senate approved the measure 65-31. Last week, the House overwhelmingly passed the bill 283-144. The "Protection of Lawful Commerce in Arms Act" was NRA's number one legislative priority and a monumental victory for the Association and its members.
"What we witness today is the culmination of a seven-year effort that included a comprehensive legislative and election strategy," stated Chris W. Cox, NRAs chief lobbyist. "We worked hard to change the political landscape to pass this landmark legislation. As always, our members were up for the task. Key electoral victories in 2000, 2002 and 2004 helped pave passage of this law.
"The Bush administration was a vital ally during debate on Capitol Hill. I would also like to thank Senators Larry Craig and Max Baucus and Congressmen Rick Boucher and Cliff Stearns for doing a yeomans job as lead co-sponsors of this legislation. In addition, Senate Majority Leader Bill Frist and Senate Majority Whip Mitch McConnell ought to be commended for their steadfast leadership during Senate deliberations," added Cox.
In recent years, 33 states passed similar legislation outlawing frivolous lawsuits intended to bankrupt the gun industry. However, this new law creates judicial uniformity in all courts across the United States.
"This law will help preserve the American firearms industry and also help preserve American manufacturing jobs. American companies will cease to make products if they continue to be sued every time a violent criminal they do not know, have never met and cannot control, misuses a legal non-defective product. This is a significant step toward saving millions of manufacturing jobs," concluded LaPierre.
TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Front Page News; Government; News/Current Events; Politics/Elections; US: District of Columbia
KEYWORDS: 109th; bang; banglist; billsigning; bush43; rkba
Navigation: use the links below to view more comments.
first 1-20, 21-40, 41-60 next last
It has its flawed amendments. It's called politics. Go wash your mouth with brown soap.
1
posted on
10/26/2005 11:57:48 AM PDT
by
neverdem
To: neverdem
Buy SWB and RGR stocks. Support your American gun companies.
2
posted on
10/26/2005 12:00:54 PM PDT
by
samadams2000
(Nothing fills the void of a passing hurricane better than government)
To: neverdem
HOO-RAH
3
posted on
10/26/2005 12:02:09 PM PDT
by
xcamel
(No more RINOS - Not Now, Not Ever Again.)
To: neverdem
I'm imagining myself going outside and firing my guns into the air in celebration. Of course, as a responsible gun owner, I could never allow myself to do something that stupid.
It's a great day for Americans and the fireamrs industry. Thank you NRA, Congress, Senate and President Bush.
4
posted on
10/26/2005 12:03:08 PM PDT
by
cyclotic
(Cub Scouts-Teach 'em young to be men, and politically incorrect in the process)
To: neverdem
It has its flawed amendments
Such as?
5
posted on
10/26/2005 12:04:52 PM PDT
by
visualops
(www.visualops.com)
To: cyclotic
Right. You could shoot down a 747 or something!
6
posted on
10/26/2005 12:05:20 PM PDT
by
RetiredArmy
(Socialist Dems, the MSM and Islamic murderers, ALL threats to the Republic!)
To: neverdem
Three Cheers for President Bush and his pistol-packing SCOTUS Nominee, Harriet Miers.
Anybody think Jean Francois Kerry would have signed this bill?
7
posted on
10/26/2005 12:07:47 PM PDT
by
You Dirty Rats
(Lashed to the USS George W. Bush: "Damn the Torpedos, Full Miers Ahead!!")
To: neverdem
How can this be? Everyone knows Pres. Bush is a RINO. /sarcasm
To: visualops
Trigger locks and the implied mandatory use of them made it in to the best of my knownledge. When a firearm, needed for home defense, must have a trigger lock on it home defence is severly compromised.
9
posted on
10/26/2005 12:09:53 PM PDT
by
veracious
To: neverdem
I don't like compromise when it comes to guns, but at least the gun industry is protected from frivolous lawsuits now, which is a good thing.
To: Siena Dreaming
I think Rove explained to Bush that the NRA was started by a Republican, the civil war general Ambrose Burnside, and that passing this law would build the ellusive coalition that Mark Hannah tried to create.
Or just another sinister trick to get some Democrats to vote on a "Republican" issue.
I'm sure Howard "I support the NRA" Dean is proud, too.
11
posted on
10/26/2005 12:15:46 PM PDT
by
Frank T
To: Siena Dreaming
How can this be? Everyone knows Pres. Bush is a RINO. /sarcasm Hold that sarcasm! Bush IS a BIG RINO. He didn't sign that for gun owners, he did it for the gun industry. He knows where the big Republican campaign money comes from. Corporate America! Remember, this is the man who said he WOULD sign the AWB if it crossed his desk. Fortunately for us, we had guys like Tom DeLay who kept it from crossing his desk!!
To: visualops
THIS SEARCH THIS DOCUMENT GO TO
Next Hit Forward New Bills Search
Prev Hit Back HomePage
Hit List Best Sections Help
Contents Display
S.397
Protection of Lawful Commerce in Arms Act (Engrossed as Agreed to or Passed by Senate)
SEC. 5. CHILD SAFETY LOCKS.
(a) SHORT TITLE- This section may be cited as the `Child Safety Lock Act of 2005'.
(b) PURPOSES- The purposes of this section are--
(1) to promote the safe storage and use of handguns by consumers;
(2) to prevent unauthorized persons from gaining access to or use of a handgun, including children who may not be in possession of a handgun; and
(3) to avoid hindering industry from supplying firearms to law abiding citizens for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting.
(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.
`(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.'.
(2) CIVIL PENALTIES- Section 924 of title 18, United States Code, is amended--
(A) in subsection (a)(1), by striking `or (f)' and inserting `(f), or (p)'; and
(B) by adding at the end the following:
`(p) PENALTIES RELATING TO SECURE GUN STORAGE OR SAFETY DEVICE-
`(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.'.
(A) LIABILITY- Nothing in this section shall be construed to--
(i) create a cause of action against any Federal firearms licensee or any other person for any civil liability; or
(ii) establish any standard of care.
(B) 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 relating to section 922(z) of title 18, United States Code, as added by this subsection.
(C) RULE OF CONSTRUCTION- Nothing in this paragraph 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.
(d) EFFECTIVE DATE- This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.
SEC. 6. ARMOR PIERCING AMMUNITION.
(a) Unlawful Acts- Section 922(a) of title 18, United States Code, is amended by striking paragraphs (7) and (8) and inserting the following:
`(7) for any person to manufacture or import armor piercing ammunition, unless--
`(A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
`(B) the manufacture of such ammunition is for the purpose of exportation; or
`(C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General;
`(8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery--
`(A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
`(B) is for the purpose of exportation; or
`(C) is for the purpose of testing or experimentation and has been authorized by the Attorney General;'.
(b) Penalties- Section 924(c) of title 18, United States Code, is amended by adding at the end the following:
`(5) Except to the extent that a greater minimum sentence is otherwise provided under this subsection, or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries armor piercing ammunition, or who, in furtherance of any such crime, possesses armor piercing ammunition, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime or conviction under this section--
`(A) be sentenced to a term of imprisonment of not less than 15 years; and
`(B) if death results from the use of such ammunition--
`(i) if the killing is murder (as defined in section 1111), be punished by death or sentenced to a term of imprisonment for any term of years or for life; and
`(ii) if the killing is manslaughter (as defined in section 1112), be punished as provided in section 1112.'.
(1) STUDY- The Attorney General shall conduct a study to determine whether a uniform standard for the testing of projectiles against Body Armor is feasible.
(2) ISSUES TO BE STUDIED- The study conducted under paragraph (1) shall include--
(A) variations in performance that are related to the length of the barrel of the handgun or center-fire rifle from which the projectile is fired; and
(B) the amount of powder used to propel the projectile.
(3) REPORT- Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report containing the results of the study conducted under this subsection to--
(A) the chairman and ranking member of the Committee on the Judiciary of the Senate; and
(B) the chairman and ranking member of the Committee on the Judiciary of the House of Representatives.
Passed the Senate July 29, 2005.
Attest:
Secretary.
109th CONGRESS
1st Session
S. 397
AN ACTTo prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their products by others.
THIS SEARCH THIS DOCUMENT GO TO
Next Hit Forward New Bills Search
Prev Hit Back HomePage
Hit List Best Sections Help
Contents Display
THIS SEARCH THIS DOCUMENT GO TO
Next Hit Forward New Bills Search
Prev Hit Back HomePage
Hit List Best Sections Help
Contents Display
S.397
Protection of Lawful Commerce in Arms Act (Engrossed as Agreed to or Passed by Senate)
13
posted on
10/26/2005 12:22:10 PM PDT
by
neverdem
(May you be in heaven a half hour before the devil knows that you're dead.)
To: RetiredArmy
I don't need a gun for that, just a laser pointer.
14
posted on
10/26/2005 12:26:15 PM PDT
by
cyclotic
(Cub Scouts-Teach 'em young to be men, and politically incorrect in the process)
To: neverdem
15
posted on
10/26/2005 12:29:58 PM PDT
by
facedown
(Armed in the Heartland)
To: neverdem
Sarah Brady is deeply saddened.
16
posted on
10/26/2005 12:34:23 PM PDT
by
Disambiguator
(Making accusations of racism is the last refuge of a scoundrel.)
To: neverdem
WOOHOO!!!!
Jack.
17
posted on
10/26/2005 12:39:00 PM PDT
by
Jack Deth
(Knight Errant and Disemboweler of the WFTD Thread)
To: neverdem
18
posted on
10/26/2005 12:45:22 PM PDT
by
syriacus
(Bush hasn't done a bad job, all things (WOT, vagaries of Nature, Lib lies + obstruction) considered)
To: neverdem
Yet another pro-gun law!
Life is good.
19
posted on
10/26/2005 12:58:00 PM PDT
by
Southack
(Media Bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
To: neverdem
Hundreds of Democrat supporting trial lawyers will be out of job....
20
posted on
10/26/2005 1:00:00 PM PDT
by
Tzimisce
Navigation: use the links below to view more comments.
first 1-20, 21-40, 41-60 next last
Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson