Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Reckless Lawsuit Preemption (S. 1805) Debate Underway: Senators Agree To Set Final Vote Next Tuesday

Thursday, February 26, 2004

On Wednesday morning, the U.S. Senate began to debate S. 1805—the "Protection of Lawful Commerce in Arms Act" (formerly referenced as S. 659/S. 1806.) A bi-partisan 75-22 vote allowed debate to proceed, lifting the threat of a filibuster.

The debate continued late into the evening with no substantive movement on the bill and no additional votes were taken. Senators did, however, reach a "Unanimous Consent Agreement" spelling out specific amendments that would be permitted to be offered during the debate in anticipation of a final vote on the underlying measure next Tuesday.

On Thursday, the Senate reconvened and first considered was an amendment by anti-gun Senator Barbara Boxer (D-CA) that would require all handguns be sold with a mechanical safety device approved by the Consumer Product Safety Commission(CPSC). This amendment was then replaced with a "second degree" amendment by Sen. Herb Kohl (D-WI). The Kohl amendment is much less restrictive and also provides liability protection for gun owners. The revised amendment passed 70-27.

The Senate next debated an amendment by Sen. Ben Nighthorse Campbell (R-CO) which would permit current and retired law enforcement officers to carry concealed firearms off duty in other states. Arguing hysterically against the amendment, anti-gun Sen. Edward Kennedy (D-MA) revealed his deep distrust of gun carrying even by sworn police officers. A vote on the Campbell amendment was deferred until Tuesday.

Sen. Kennedy then introduced an amendment to ban the manufacture and sale of "armor-piercing" ammunition. Kennedy, who actually condemned the .30-30 Winchester cartridge during debate, wants to institute a "performance-based" standard that would grant any future Attorney General sweeping authority to ban any center-fire ammunition, including most common-place rifle hunting ammunition. The standard proposed by Sen. Kennedy was rejected in the 1980s as overly broad and unnecessary to meet any threat posed to law enforcement officers` safety. A vote on this NRA-opposed amendment will take place Tuesday.

The Senate next debated and voted upon two amendments seeking to gut S. 1805. The first related to the D.C. sniper case, but the proposal by Sen. Barbara Mikulski (D-MD) was defeated, 56-40. A "law enforcement" exemption offered by Sen. John Corzine (D-NJ) was soundly defeated, 56 to 38.

NRA strongly opposed both amendments. One of the strengths of S. 1805 is that it adopts the same rules for all plaintiffs, no matter how sympathetic or unsympathetic, and no matter how notorious or mundane their victimization. Plaintiffs` rights should depend on settled principles of law, not on emotion or sympathy.

NRA-ILA stands totally committed to enacting S. 1805 without anti-gun amendments, and will continue to vigorously oppose any reauthorization of the 1994 Clinton gun ban and any attempt to ban gun shows.

Please continue to contact your U.S. Senators at (202) 224-3121 and urge them to support S. 1805 without any anti-gun amendments. Call ILA`s Grassroots staff at (800) 392-8683, or visit http://www.nraila.org/stoprecklesslawsuits.aspx for additional information and to utilize the "Write Your Representatives" feature to contact your U.S. Senators.

TRENDING NOW
Florida Alert! Gun Bills Filed in Florida - SO FAR

Friday, January 15, 2021

Florida Alert! Gun Bills Filed in Florida - SO FAR

As Legislators begin to file bills for the 2021 Florida Legislative Session, we are getting questions about various bills due to media reports on gun bills.  Below is a partial list of bills we will ...

NRA Dumps New York to Reincorporate in Texas, Announces New Strategic Plan

News  

Friday, January 15, 2021

NRA Dumps New York to Reincorporate in Texas, Announces New Strategic Plan

Today, the NRA announced a restructuring plan that positions us for the long-term and ensures our continued success as the nation’s leading advocate for constitutional freedom – free from the toxic political environment of New ...

Biden to Nominate Anti-Second Amendment Judge Merrick Garland for Attorney General

News  

Thursday, January 7, 2021

Biden to Nominate Anti-Second Amendment Judge Merrick Garland for Attorney General

President-elect Joe Biden announced he will nominate U.S. Court of Appeals for the District of Columbia Circuit Judge Merrick Garland for Attorney General. Biden’s choice of a noted Second Amendment opponent to lead the Department ...

ATF Withdraws Pistol Brace “Guidance”

News  

Wednesday, December 23, 2020

ATF Withdraws Pistol Brace “Guidance”

On December 23rd, ATF posted a document to its website indicating that its recently published Objective Factors for Classifying Weapons with “Stabilizing Braces” is withdrawn.

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Tuesday, November 10, 2020

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Although the 2021 session of the Texas Legislature convenes on January 12, gun control advocates financed by New York billionaire Michael Bloomberg and Beto "Hell Yeah, I'll Take Your Guns" O'Rourke wasted no time in announcing their ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Montana: House Passes Permitless Carry Legislation

Friday, January 15, 2021

Montana: House Passes Permitless Carry Legislation

Yesterday, the Montana House passed self-defense legislation, House Bill 102, by a 66 to 31 vote. 

Joe Biden and Kamala Harris Want to Destroy the Second Amendment

News  

Monday, November 2, 2020

Joe Biden and Kamala Harris Want to Destroy the Second Amendment

While discussion of the Second Amendment and gun control have been noticeably absent from the presidential debates and mainstream media coverage, gun rights are without a doubt on the ballot tomorrow.

After Colluding with Biden, BATFE Raids Polymer80

News  

Wednesday, December 16, 2020

After Colluding with Biden, BATFE Raids Polymer80

On December 10, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives raided Dayton, Nev.-based Polymer80. The company manufactures unfinished, often referred to as 80 percent, receivers and frames. There are also reports of BATFE confronting Polymer80 customers and confiscating certain unfinished ...

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News  

Gun Laws  

Tuesday, April 25, 2017

Brace Yourself: ATF Reconsiders Obama-Era Policy on Stabilizing Braces

News broke this week that the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reconsidered and “clarified” its Jan. 6, 2015 Open Letter on the use of stabilizing braces as shoulder stocks.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.