Details

• Sponsor - Reed
• Proposed - July 28, 2005
• Congressional Record Link - SA1642
• Amends - S.397
• Amendments - None.
• Vote - 2005-218 - July 26, 2005, 33-63 Amendment failed.
• Results - No change in law.

Synopsis

This amendment is a complete replacement for S.397.

The lawsuit prohibition that this amendment proposed was:

(b) Prohibition.--Except as provided by subsection (c), a governmental unit may not bring suit against a firearms or ammunition manufacturer, trade association, or seller for recovery of damages resulting from, or injunctive relief or abatement of a nuisance relating to, the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public.

The keys to the prohibition are the exceptions. Lawsuits can be filed if the state legislature approves.

Analysis

First, there is no provision to cancel existing lawsuits.

Second, this amendment made no mention of junk lawsuits brought by individuals. Given that a governmental unit could fund the suits of individuals, the amendment is already worthless.

Third, if a state legislature approves, any governmental entity can file a new lawsuit.

Ultimately, this amendment would have made S.397 a nonevent.

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