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SA1613 - Failure to Report Theft and Risk of Injury Opening |
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Wednesday, 07 September 2005 |
Details- Sponsor - Kennedy
- Proposed - July 27, 2005
- Congressional Record Link - SA1613
- Amends - S.397
- Amendments - None.
- Vote - Amendment did not reach Senate floor.
- Results - No change in law.
SynopsisThis amendment would have added an opening for lawsuits
- if a seller failed to report a firearm loss or theft.
- 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.
AnalysisReporting the loss or theft of a firearm just makes good sense. But, the filing of the paperwork does nothing for public safety and should not open a company up to lawsuits. Setting the threshold at a single firearm is also the way to maximize the number of companies that would loose the protections of S.397.
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.
In effect, this amendment would gut the bill.
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