Details

• Sponsor - Kennedy
• Proposed - July 27, 2005
• Congressional Record Link - SA1608
• Amends - S.397
• Amendments - None.
• Vote - Amendment did not reach Senate floor.
• Results - No change in law.

Synopsis

This amendment would have allowed suits when 'knowing or having reasonable cause to believe, that the actual buyer of the qualified product was on the ``Most Wanted Terrorists List'' or the ``Ten Most Wanted Fugitives List'' published by the Federal Bureau of Investigation'.

It also allowed suits when 'when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others'.

Analysis

First, people on the Terrorist Watch List are allowed to buy guns if they do not have any other precluding situations. That is the way current law is and that is the way Congress has decided to keep it by not enacting one of the proposals already introduced that deals with this.

Second, anyone on the "Ten Most Wanted Fugitives List" should fail a NICS check. It is the government's job to communicate a pass/fail and not a sellers job to interface to what could be an increasing number of systems to determine eligibility.

The Negligent Entrustment  clause is wording common to at least half a dozen of these amendments. Every firearm runs the risk of injuring a person and this would be an open ended invitation to allow lawsuits.

This was a bad amendment.

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