Details 

• Sponsor - Craig
• Proposed - February 16, 2005
• Congressional Record Link - S.397
• Amends - None.
• Amendments

• SA1605 - To amend the exceptions.
• SA1606 - To make clear that the bill does not apply to actions commenced by the Attorney General to enforce the Gun Control Act and National Firearms Act.
• SA1607 - To allow continuation of existing suits.
• SA1608 - "Should know" or Terrorist Watch List Opening
• SA1609 - Member of Foreign Terrorist Organization or Risk of Injury Opening
• SA1610 - Redefine "qualified civil liability action''
• SA1611 - Redefine "qualified civil liability action''
• SA1612 - Background Checks and Risk of Injury Opening
• SA1613 - Failure to Report Theft and Risk of Injury Opening
• SA1614 - Theft Prevention Methods and Risk of Injury Opening
• SA1615 - Cop Killer Bullet Ban
• SA1616 - Prohibition on Sale of Violent Video Games to Minors
• SA1617 - Five-seveN and Armor Piercing Ammunition Bani
• SA1618 - FN Five-SeveN and Risk of Injury Opening
• SA1619 - S.397 Exemption for Police
• SA1620 - S.397 Exemption for Children
• SA1621 - Fifty-Caliber Sniper Weapons
• SA1622 - Fifty-Caliber Exclusion to S.397
• SA1623 - Gross Negligence Amendment
• SA1624 - Child Safety Lock Act of 2005
• SA1625 - Negligent Dealer Exemption
• SA1626 - Child Safety Lock Act of 2005
• SA1630 - Illegally Trafficked Firearm and Risk of Injury Opening
• SA1631 - Records Retention and Risk of Injury Opening
• SA1632 - Record Keeping and Risk of Injury Opening
• SA1633 - BATFE Safety Standards
• SA1634 - 'Sporting Use' on Domestic Handguns
• SA1635 - Terrorism and Risk of Injury Opening
• SA1636 - Terrorist Apprehension and Record Retention Act of 2005
• SA1637 - Federal Court Restriction for S.397
• SA1638 - Gun Show Loophole Closing Act of 2005
• SA1639 - Children's Firearm Access Prevention Act
• SA1640 - Warranty and Risk of Injury Opening
• SA1641 - Clarification of AG Exemption
• SA1642 - Replacement for S.397
• SA1644 - Craig Alternative to SA1620
• SA1645 - Craig Alternative to SA1615

• Votes
  
  

• 2005-206  - July 26, 2005, 66-32 Cloture passed on 'Motion to Proceed'.
• Voice vote - July 27, 2005, S.397 on the Senate floor.
• 2005-219  - July 29, 2005, 65-31 Passed on final vote.
• 2005-534  - October 20, 2005, 283-144 Passed on House vote.

• Results - October 26, 2005- Signed by the President and became Public Law No: 109-92 [GPO: Text, PDF].
  
  

Status

February 17, 2005 - Read the second time. Placed on Senate Legislative Calendar.

March 14, 2005 - With 50 cosponsors, in addition to Sen. Craig, this bill has substantial momentum.

July 18, 2005 - The NRA is saying that S.397 may come up before the full Senate this Thursday. Contact your Senators today.

July 22, 2005 - First, understand that cloture is a procedure to prevent filibuster. Sen. McConnell started the procedure to invoke cloture on S.397. After 2 days go by (Tuesday) there will be a vote on cloture (if there is time after a DOD cloture vote). Assuming cloture passes, there will be 30 hours, which may or may not all be used to debate bringing the bill to the floor. At this point, there may be another cloture procedure to prevent filibuster on the vote to bring the bill to the floor. Only after the bill is on the floor can the opposition propose amendments. Then the bill comes to the actual vote to approve.

All of this is happening against the schedules that the senators have in place for the August recess which begins Saturday. The opposition does not have all of the time in the world.

Today they are expected to announce the 59th and 60th cosponsors, so assuming all the cosponsors vote for the bill, this bill may pass before the August recess.

July 26, 2005 - Cloture passed paving the way for limited debate. Once debate on Motion to Proceed is completed, there will be a vote on proceeding with S.397 on the floor. Assuming this vote passes, then the floor will be open to amendments. Afterward there may be another cloture vote to prevent filibuster of the final up/down vote.

July 27, 2005 - A voice vote moved the bill from 'Motion to Proceed' to having the bill on the Senate floor. At this point, gun grabbers have attempted to amend S.397 but have been, thus far, unsuccessful. Tomorrow an amendment will be heard related to trigger locks, but it's success is far from certain. Work resumes tomorrow at 9:30AM ET.

July 28, 2005 - SA1626 has passed and SA1623 has been tabled.

July 29, 2005 - SA1644 provided a child update to S.397 but the wording had no effective change.

SA1645 was passed. This amendment increases penalties for using armor piercing ammunition and calls for a study done of what kinds of ammunition can penetrate body armor. No additional powers are provided to the Attorney General.

SA1619 then failed on a voice vote.

SA1642 then failed 33 - 63.

On final vote, S.397 passed 65-31. Responsibility moves to the House.

October 20, 2005 - Passed by the House on vote no. 534.

October 25, 2005 - Passed to the President.

October 26, 2005 - Signed by the President.

Synopsis

HR800 states an appropriate set of definitions and then provides:

(a) In General- A qualified civil liability action may not be brought in any Federal or State court.

(b) Dismissal of Pending Actions- A qualified civil liability action that is pending on the date of the enactment of this Act shall be dismissed immediately by the court in which the action was brought or is currently pending.

Analysis

This bill ends current and prevents future liability lawsuits.

The gun grabbers are up in arms over this bill. Their way of bankrupting the industry with municipally lead lawsuits has backfired.

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