Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

Cheese Sandwich

(9,086 posts)
Sat Apr 23, 2016, 05:19 PM Apr 2016

Hillary 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

(Sec. 5) 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: (1) license revocation or suspension for up to six months; or (2) a civil penalty of up to $2,500.
https://www.govtrack.us/congress/bills/109/s397/summary

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.
https://www.govtrack.us/congress/bills/109/s397/text
23 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Hillary voted against CHILD SAFETY LOCKS on guns. Bernie voted for the locks. (Original Post) Cheese Sandwich Apr 2016 OP
Sickening Duckhunter935 Apr 2016 #1
Hillary and her fans should at least admit the law had some good provisions Cheese Sandwich Apr 2016 #19
The turbine-powered weather vane hadn't warmed up yet. HooptieWagon Apr 2016 #2
K & R pdsimdars Apr 2016 #3
Her vote was because of the immunity for the arms manufacturers. Consistent with her view to allow Jitter65 Apr 2016 #4
Excuses excuses excuses Cheese Sandwich Apr 2016 #5
So you are saying there were parts of the bill that she didn't like. Kinda like Sanders and the rhett o rick Apr 2016 #6
Kind of like with EVERY BILL that ever gets passed. JoePhilly Apr 2016 #10
She was for it before she was against it before she was for it? Cheese Sandwich Apr 2016 #13
K&R felix_numinous Apr 2016 #7
Clinton did right to vote against the NRA giveaway bill KingFlorez Apr 2016 #8
Kick kgnu_fan Apr 2016 #9
such a hypocrite; how many kids are killed or kill others? LOTS amborin Apr 2016 #11
This message was self-deleted by its author cyberpj Apr 2016 #12
What an amazingly dishonest post Onlooker Apr 2016 #14
first step toward ending the anti-gun lobby`s shameless attempts to bankrupt the firearms industry factfinder_77 Apr 2016 #15
It also did include child safety locks, and a ban on cop-killer armor piercing bullets Cheese Sandwich Apr 2016 #17
Obama, Kennedy, Jeffords of VT, and other progressives voted the same way as Hillary ... Onlooker Apr 2016 #23
Thank you to the solid duers highlighting the deception of this op. NCTraveler Apr 2016 #16
That law did include the child safety locks. Cheese Sandwich Apr 2016 #18
Understood. Just as Sanders voted against a pathway to citizenship multiple times. Nt NCTraveler Apr 2016 #20
Are you seriously insinuating that Hillary has not pushed to curb firearms for decades ? factfinder_77 Apr 2016 #21
She voted against "Child Safety Lock Act of 2005" Cheese Sandwich Apr 2016 #22
 

Duckhunter935

(16,974 posts)
1. Sickening
Sat Apr 23, 2016, 05:23 PM
Apr 2016

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)
19. Hillary and her fans should at least admit the law had some good provisions
Sat Apr 23, 2016, 08:16 PM
Apr 2016

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.
 

Jitter65

(3,089 posts)
4. Her vote was because of the immunity for the arms manufacturers. Consistent with her view to allow
Sat Apr 23, 2016, 05:28 PM
Apr 2016

people to hold them liable. She voted for safety locks in other bills.

 

rhett o rick

(55,981 posts)
6. So you are saying there were parts of the bill that she didn't like. Kinda like Sanders and the
Sat Apr 23, 2016, 05:39 PM
Apr 2016

crime bill.

JoePhilly

(27,787 posts)
10. Kind of like with EVERY BILL that ever gets passed.
Sat Apr 23, 2016, 06:35 PM
Apr 2016

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.

Response to Cheese Sandwich (Original post)

 

Onlooker

(5,636 posts)
14. What an amazingly dishonest post
Sat Apr 23, 2016, 08:00 PM
Apr 2016

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)
15. first step toward ending the anti-gun lobby`s shameless attempts to bankrupt the firearms industry
Sat Apr 23, 2016, 08:04 PM
Apr 2016
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)
17. It also did include child safety locks, and a ban on cop-killer armor piercing bullets
Sat Apr 23, 2016, 08:10 PM
Apr 2016

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)
23. Obama, Kennedy, Jeffords of VT, and other progressives voted the same way as Hillary ...
Sat Apr 23, 2016, 08:42 PM
Apr 2016

... 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)
16. Thank you to the solid duers highlighting the deception of this op.
Sat Apr 23, 2016, 08:09 PM
Apr 2016

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)
18. That law did include the child safety locks.
Sat Apr 23, 2016, 08:13 PM
Apr 2016

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.

Latest Discussions»Retired Forums»2016 Postmortem»Hillary voted against CHI...