Details

• Sponsor - Schumer
• Proposed - July 27, 2005
• Congressional Record Link - SA1630
• Amends - S.397
• Amendments - None.
• Vote - Amendment did not reach Senate floor.
• Results - No change in law.

Synopsis

This amendment would have added an opening for lawsuits:

• "any case in which a manufacturer or seller of a qualified product caused an injury by means of a qualified product that is involved in illegal interstate firearms trafficking punishable under section 924 of title 18, United States Code."
• 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 first exclusion does not require that the manufacturer or seller be guilty of any crime, just that the gun was illegally trafficked. So any gun that is stolen and used in another crime exposes the manufacturer and seller to a lawsuit. This is exactly what S.397 was written to prevent.

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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