2016 Postmortem
Related: About this forumHillary voted against CHILD SAFETY LOCKS on guns. Bernie voted for the locks.
Seems like Hillary should have some explaining to do.
Protection of Lawful Commerce in Arms Act of 2005
Hypocrite much?
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.
(c) FIREARMS SAFETY-
(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.'.
(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-
`(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.'.
(3) LIABILITY; EVIDENCE-
(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.
Duckhunter935
(16,974 posts)And how many gun locks has Bloomberg's "gun safety" organization provided? How about gun safety training as tbey say the are a gun safety organization. The hypocrisy
Cheese Sandwich
(9,086 posts)Even if they are against the immunity part of it, it seems to me they can't deny that there were some good pieces.
The picture is certainly more complicated. Not straight black and white.
HooptieWagon
(17,064 posts)Now it's spinning furiously.
pdsimdars
(6,007 posts)Jitter65
(3,089 posts)people to hold them liable. She voted for safety locks in other bills.
Cheese Sandwich
(9,086 posts)rhett o rick
(55,981 posts)crime bill.
JoePhilly
(27,787 posts)That's what happens because that's exactly how the founders structured our government.
There is almost never a perfect piece of legislation. Even if you get a few things you want, there are probably a few things in there that you didn't want.
And in every election going forward, you'll be attacked for the bad things that you accepted as you made a pragmatic decision to obtain some other things as part of the total.
Cheese Sandwich
(9,086 posts)felix_numinous
(5,198 posts)How does someone vote against this, unless they are pandering to the NRA?
KingFlorez
(12,689 posts)Nothing wrong here.
kgnu_fan
(3,021 posts)amborin
(16,631 posts)Response to Cheese Sandwich (Original post)
cyberpj This message was self-deleted by its author.
Onlooker
(5,636 posts)The very first paragraph of the summary states,
"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."
In other words, Hillary voted against a bill that provides special liability protection for gun manufacturers, something that Bernie supports. He believes gun manufacturers should be protected in a way other manufacturers are not.
Obviously Hillary supports gun safety, but was not going to vote for a bill that denied people like the victims of Sandy Hook some sort of recourse
factfinder_77
(841 posts)On October 26, 2005, President Bush signed S. 397, the "Protection of Lawful Commerce in Arms Act." Introduced by Sens. Larry Craig (R-ID) and Max Baucus (D-MT), this legislation is a vitally important first step toward ending the anti-gun lobby`s shameless attempts to bankrupt the American firearms industry through reckless lawsuits. Reps. Cliff Stearns (R-FL) and Rick Boucher (D-VA) introduced similar legislation, H.R. 800 in the House of Representatives.
https://www.nraila.org/articles/20100401/protection-of-lawful-commerce-in-arms
Cheese Sandwich
(9,086 posts)Are you denying that reality?
I don't think you are.
You're saying it was worth voting against safety locks and banning "cop-killer" bullets because of the other provisions.
Onlooker
(5,636 posts)... The Republicans included those things so that they can fool some people into believing that Hillary (and other Democrats who are for gun control) are against child safety locks and for armor piercing bullets. But, they really didn't fool many people. You're one of them, I guess.
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00206
And check out the cosponsors who agree with Bernie:
https://www.congress.gov/bill/109th-congress/senate-bill/397/cosponsors
NCTraveler
(30,481 posts)Yet I guarantee the op will explain away Sanders voting against a pathway to citizenship for over fifteen million people time and time again.
Cheese Sandwich
(9,086 posts)It's completely honest to say Hillary voted against it when she voted against it.
That's certainly the tactic the Hillary campaign uses to pin Bernie Sanders down on various votes.
You can say yes she made the choice to vote against safety locks because she wanted to help people sue gun sellers. It was a trade off.
It was a choice. But you can't sit there and pretend that law didn't have some good points as well.
NCTraveler
(30,481 posts)factfinder_77
(841 posts)Cheese Sandwich
(9,086 posts)Annie Oakley?