Details

• Sponsor - Schumer
• Proposed - July 27, 2005
• Congressional Record Link - SA1632
• Amends - S.397
• Amendments - None.
• Vote - Amendment did not reach Senate floor.
• Results - No change in law.

Synopsis

The significant part of the amendment is:

    (vi) any case in which a manufacturer or seller of a qualified product caused an injury by failing to keep adequate records of the sale of a qualified product from the inventory or collection of the manufacturer or seller, as required under section 923(g) of title 18, United States Code.

    (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

The first clause opens up law suits for records violations that are already illegal. And what would happen if a gun shop burned down. Would crime victims go after the shop because they did not 'keep adequate records'?

And we are back to the 'negligent entrustment' clause which would allow lawsuits in every illegal firearm shooting given that, by their very nature, firearms can be dangerous.

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