Details

• Sponsor - Kennedy
• Proposed - July 27, 2005
• Congressional Record Link - SA1610
• Amends - S.397
• Amendments - None.
• Vote - Amendment did not reach Senate floor.
• Results - No change in law.

Synopsis

This amendment removed selective words from the definition of "qualified civil liability action". The effect is:

• remove "proceeding or administrative proceeding"
• remove "seller"
• remove "trade association".

Analysis

This bill has the effect of only ending suits brought against manufacturers in a civil action that were the result of the misuse of a firearm. Suits against sellers or trade associations would continue and continue to be brought.

The wording around "proceeding or administrative proceeding" relates to possible local or state actions. The example provided by a senate staffer was the situation where a local government goes to court to change zoning forcing a merchant out of business. Again, this action would have to be the result of the criminal misuse of a firearm to be covered by S.397. The amendment would have allowed those suits to continue or be filed.

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