Details

• Sponsor - Kennedy
• Proposed - July 27, 2005
• Congressional Record Link - SA1609
• Amends - S.397
• Amendments - None.
• Vote - Amendment did not reach Senate floor.
• Results - No change in law.

Synopsis

This amendment allowed suits to be brought when the seller sold to:

• knowing or having reasonable cause to believe, that the actual buyer of the qualified product was a representative of an organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189), or
• 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

The only people familiar with the first condition are probably law enforcement, given that no source of information is provided for by the amendment.

Just like SA1608: the Negligent Entrustment  clause is wording common to at least half a dozen of these amendments. So, one more time, every firearm runs the risk of injuring a person and this would be an open ended invitation to allow lawsuits.

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