S 397 in Congressional Session 109

Official Summary

 

Bill Number : S 397

 

Title : A bill to 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.

 

SUMMARY AS OF:
10/26/2005--Public Law.    (There are 3 other summaries)

(This measure has not been amended since it was passed by the Senate on July 29, 2005. The summary of that version is repeated here.)

Protection of Lawful Commerce in Arms Act 

(Sec. 3)

Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm.

Requires pending actions to be dismissed.

Excludes from such prohibition actions:

  • brought by a directly harmed party against a person who transfers a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime
  • brought against a seller for negligent entrustment or negligence per se
  • in which a manufacturer or seller of a firearm knowingly violated a state or federal statute applicable to the sale or marketing of the firearm and the violation was a proximate cause of the harm for which relief is sought
  • for breach of contract or warranty in connection with the purchase of the firearm
  • for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that where the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage
  • commenced by the Attorney General to enforce firearms provisions under the federal criminal code or the Internal Revenue Code

Permits a person under age 17 to recover damages authorized under federal or state law in a civil action that meets specified requirements.


Child Safety Lock Act of 2005

Prohibits the sale, delivery, or transfer by a licensed importer, manufacturer, or dealer of a handgun to any person other than a person with a firearms license unless the transferee is provided with a secure gun storage or safety device. Lists exceptions, including for U.S. and state agencies and for law enforcement. Grants immunity from a qualified civil liability action for a person who has lawful possession and control of a handgun and who uses a secure gun storage or safety device.

Establishes as penalties for violations:

  • license revocation or suspension for up to six months
  • a civil penalty of up to $2,500.

 

Sets penalties for using or carrying armor piercing ammunition during and in relation to a crime of violence or a drug trafficking crime, and for possessing armor piercing ammunition in furtherance of any such crime, that shall be in addition to the punishment otherwise provided for such crime.

Directs the Attorney General to conduct and report to the chairman and ranking member of the House and Senate Judiciary Committees on a study to determine whether a uniform standard for the testing of projectiles against body armor is feasible.

Votes

Title : A bill to 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.
Votes in the US Senate
Roll NumberVote DateQuestionDescriptionVote Result
2192005-07-29On Passage of the BillPassage of S. 397, As Amended; Protection of Lawful Commerce in Arms ActPassed
2182005-07-29On the Amendment S.Amdt. 1642Reed Amdt. No. 1642; To provide a complete substitute.Rejected
2172005-07-29On the Amendment S.Amdt. 1615Kennedy Amdt. No. 1615; To expand the definition of armor piercing ammunition and for other purposes.Rejected
2162005-07-29On the Amendment S.Amdt. 1645Craig Amendment No. 1645; To regulate the sale and possession of armor piercing ammunition, and for other purposes.Agreed to
2152005-07-29On the Amendment S.Amdt. 1620Lautenberg Amdt. No. 1620; To exempt lawsuits involving injuries to children from the definition of qualified civil liability action.Rejected
2142005-07-29On the Amendment S.Amdt. 1644Craig Amdt. No. 1644; To protect the rights of children who are victimized by crime to secure compensation from those who participate in the arming of criminals.Agreed to
2082005-07-28On the Motion to Table S.Amdt. 1623Motion To Table Levin Amdt. No. 1623; To clarify the prohibition on certain civil liability actions.Agreed to
2072005-07-28On the Amendment S.Amdt. 1626Kohl Amdt. No. 1626; 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.Agreed to
2062005-07-26On the Cloture MotionMotion To Invoke Cloture On The Motion To Proceed To S. 397; Protection of Lawful Commerce in Arms ActAgreed to
Votes in the US House
Roll NumberVote DateQuestionDescriptionVote Result
5342005-10-20On Passage Protection of Lawful Commerce in Arms ActP

Sponsors

 
Congressional Sponsors of S 397
 
Bill Number : S 397
Title : A bill to 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.
Sponsor: Sen Craig, Larry E. [ID] (introduced 2/16/2005)      
ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

    Sen Alexander, Lamar [TN] - 2/16/2005

    Sen Allard, Wayne [CO] - 3/7/2005

    Sen Allen, George [VA] - 2/17/2005

    Sen Baucus, Max [MT] - 2/16/2005

    Sen Bennett, Robert F. [UT] - 4/12/2005

    Sen Bond, Christopher S. [MO] - 3/14/2005

    Sen Brownback, Sam [KS] - 3/10/2005

    Sen Bunning, Jim [KY] - 2/16/2005

    Sen Burns, Conrad R. [MT] - 2/16/2005

    Sen Burr, Richard [NC] - 3/10/2005

    Sen Byrd, Robert C. [WV] - 7/25/2005

    Sen Chambliss, Saxby [GA] - 2/16/2005

    Sen Coburn, Tom [OK] - 2/16/2005

    Sen Cochran, Thad [MS] - 3/9/2005

    Sen Coleman, Norm [MN] - 3/16/2005

    Sen Collins, Susan M. [ME] - 2/16/2005

    Sen Conrad, Kent [ND] - 7/27/2005

    Sen Cornyn, John [TX] - 2/16/2005

    Sen Crapo, Mike [ID] - 2/16/2005

    Sen DeMint, Jim [SC] - 3/1/2005

    Sen Dole, Elizabeth [NC] - 3/1/2005

    Sen Domenici, Pete V. [NM] - 2/16/2005

    Sen Dorgan, Byron L. [ND] - 3/1/2005

    Sen Ensign, John [NV] - 2/16/2005

    Sen Enzi, Michael B. [WY] - 2/16/2005

    Sen Frist, William H. [TN] - 3/3/2005

    Sen Graham, Lindsey [SC] - 3/4/2005

    Sen Grassley, Chuck [IA] - 3/1/2005

    Sen Gregg, Judd [NH] - 3/1/2005

    Sen Hagel, Chuck [NE] - 3/1/2005

    Sen Hatch, Orrin G. [UT] - 3/1/2005

    Sen Hutchison, Kay Bailey [TX] - 2/16/2005

    Sen Inhofe, James M. [OK] - 2/16/2005

    Sen Isakson, Johnny [GA] - 2/16/2005

    Sen Johnson, Tim [SD] - 2/16/2005

    Sen Kyl, Jon [AZ] - 2/16/2005

    Sen Landrieu, Mary L. [LA] - 2/17/2005

    Sen Lincoln, Blanche L. [AR] - 2/16/2005

    Sen Lott, Trent [MS] - 3/2/2005

    Sen Martinez, Mel [FL] - 3/9/2005

    Sen McCain, John [AZ] - 7/21/2005

    Sen McConnell, Mitch [KY] - 3/15/2005

    Sen Murkowski, Lisa [AK] - 2/16/2005

    Sen Nelson, E. Benjamin [NE] - 2/16/2005

    Sen Pryor, Mark L. [AR] - 3/16/2005

    Sen Roberts, Pat [KS] - 3/17/2005

    Sen Rockefeller, John D., IV [WV] - 7/26/2005

    Sen Salazar, Ken [CO] - 7/21/2005

    Sen Santorum, Rick [PA] - 2/16/2005

    Sen Sessions, Jeff [AL] - 2/16/2005

    Sen Shelby, Richard C. [AL] - 3/9/2005

    Sen Smith, Gordon H. [OR] - 4/27/2005

    Sen Snowe, Olympia J. [ME] - 2/16/2005

    Sen Specter, Arlen [PA] - 3/14/2005

    Sen Stevens, Ted [AK] - 2/16/2005

    Sen Sununu, John E. [NH] - 2/16/2005

    Sen Talent, Jim [MO] - 3/3/2005

    Sen Thomas, Craig [WY] - 2/16/2005

    Sen Thune, John [SD] - 2/16/2005

    Sen Vitter, David [LA] - 2/17/2005

    Sen Voinovich, George V. [OH] - 4/12/2005

Other Info

Bill Number : S 397
Title : A bill to 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.
 
 
ALL ACTIONS:
 
2/16/2005:Sponsor introductory remarks on measure. (CR S1529)
 
2/16/2005:Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (text of measure as introduced: CR S1529-1530)
 
2/17/2005:Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 15.
 
7/22/2005:Motion to proceed to consideration of measure made in Senate.
 
7/22/2005:Cloture motion on the motion to proceed to the measure presented in Senate. (consideration: CR S8740-8741; text: CR S8740-8741)
 
7/22/2005:Motion to proceed to consideration of measure withdrawn in Senate.
 
7/26/2005:Cloture on the Motion to proceed to the bill invoked in Senate by Yea-Nay Vote. 66 - 32. Record Vote Number: 206. (consideration: CR S8908-8909)
 
7/26/2005:Motion to proceed to measure considered in Senate. (consideration: CR S8908-89027)
 
7/27/2005:Motion to proceed to measure considered in Senate. (consideration: CR S9059-9086)
 
7/27/2005:Motion to proceed to consideration of measure agreed to in Senate by Voice Vote.
 
7/27/2005:Measure laid before Senate by motion. (consideration: CR S9059-9087, S9087-9115)
 
7/27/2005:Cloture motion on the bill presented in Senate. (consideration: CR S9087)
 
7/28/2005:Considered by Senate. (consideration: CR S9217-9244)
 
7/29/2005:Considered by Senate. (consideration: CR S9374-9398)
 
7/29/2005:Passed Senate with amendments by Yea-Nay. 65 - 31. Record Vote Number: 219.
 
9/6/2005 2:06pm:Received in the House.
 
9/6/2005:Message on Senate action sent to the House.
 
9/6/2005 7:25pm:Held at the desk.
 
10/17/2005 7:49pm:Rules Committee Resolution H. Res. 493 Reported to House. Rule provides for consideration of S. 397 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.
 
10/18/2005 3:26pm:Rule H. Res. 493 passed House.
 
10/20/2005 10:24am:Considered under the provisions of rule H. Res. 493. (consideration: CR H8990-9011)
 
10/20/2005 10:24am:Rule provides for consideration of S. 397 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.
 
10/20/2005 10:25am:DEBATE - The House proceeded with one hour of debate on S. 397.
 
10/20/2005 11:26am:The previous question was ordered pursuant to the rule. (consideration: CR H9010)
 
10/20/2005 11:52am:On passage Passed by the Yeas and Nays: 283 - 144 (Roll no. 534). (text: CR H8990-8992)
 
10/20/2005 11:52am:Motion to reconsider laid on the table Agreed to without objection.
 
10/20/2005:Cleared for White House.
 
10/25/2005:Presented to President.
 
10/26/2005:Signed by President.
 
10/26/2005:Became Public Law No: 109-92.