Details

• Sponsor - Schumer
• Proposed - July 27, 2005
• Congressional Record Link - SA1631
• Amends - S.397
• Amendments - None.
• Vote - Amendment did not reach Senate floor.
• Results - No change in law.

Synopsis

The significant portions of this amendment are:

(vi) any case in which a manufacturer or seller of a qualified product caused an injury by failing to retain for 30 days the records of a sale to an individual who is required, under regulations prescribed under section 114(h) of title 49, United States Code, to be prevented from boarding an aircraft.

    (B) NEGLIGENT ENTRUSTMENT.--As used in subparagraph (A)(ii), the term ``negligent entrustment'' means the supplying of a qualified product by a seller for use by another person 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

Section (vi) is an exclusion to the definition of 'qualified civil liability action' which means those circumstances would allow a lawsuit to continue or a new one be filed. This update is both silly and stupid. It is silly because vendors are required to retain the 4473 'Yellow Forms' already for 20 years. It is stupid because there is no way a vendor would have any way of knowing of a person was on the 'no fly' list, so every record would need to be kept for 30 days...er 20 years.

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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