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SA2621 - Define 'qualified civil liability action' |
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Tuesday, 22 November 2005 |
Details- Sponsor - Daschle
- Proposed - February 26, 2004
- Congressional Record Link - SA2621
- Amends - SB1805
- Amendments - None.
- Vote - February 26, 2004, Amendment passed by voice vote.
- Result - SB1805 and all amendments did not become law.
SynopsisAccording to Sen. Daschle: "Our amendment makes several key changes in the legislation that was originally offered. It ensures the cases in which Federal or State laws have been broken can move forward. There was some lack of clarity with regard to that particular need. It restores the basic product liability standards so, in particular, if a child is injured by a defective gun, the victim's loved ones can still hold accountable those responsible. It includes a provision to remove immunity from dealers who sell to straw purchasers; that is, purchasers who have no interest in buying the gun for themselves but passing on the gun, selling the gun to somebody who should not have it. Finally, it ensures that only trade associations connected to the business of manufacturing and selling firearms would be covered. " From The Congressional Record page S1616.
AnalysisThis bill expanded the public's ability to sue manufacturers. One big concern is the removal of immunity for dealers selling to straw purchasers. People do not walk into shops and say, "I am a straw purchaser!". Quite on the contrary, they hide the fact. The liability of the dealer should be predicated on transferring a gun to a person rejected by his background check.
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