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victory is ours.

65gto38965gto389 Member Posts: 2,850 ✭✭✭✭✭
S397 (protection of lawful commerce in arms act) passed out of the senate with 65 "ayes". I guess all that if left is Bush to sign it into law.









" Those who give up a little freedom for temporary security, deserve neither freedom nor security "
- Benjamin Franklin

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    DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    I wonder if that will deep six the pending cases? I think not, but it should have a huge influence on getting them tossed anyway. This should send a huge message of public policy to the courts.

    Defender
    Private investigator licensed in AZ & CA that specializes in self defense cases.
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    forthhorsemanforthhorseman Member Posts: 656 ✭✭✭✭
    edited November -1
    Well, once its reconciled with a House Of Representatives version (or it can be voice voted as is by the House) some time after they come back from their break, then it can go to the President for signing into law, which he says he'll do. If it becomes law without any changes, it is indeed supposed to invalidate any current law suits filed against gun manufacturers for the misuse of their legally produced firearms, by others. Of course they are still suable under product liability laws if their guns are proven to be defective, etc.
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    pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    If it passes CLEAN.
    Well, maybe with the lock thing, but that's debatable. [}:)]

    The gene pool needs chlorine.
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    tr foxtr fox Member Posts: 13,856
    edited November -1
    For some reason I believe that the House is more in favor of such a law than the Senate was.

    If so maybe we have smooth sailing ahead in regards to the anti-gun crowd not being able to use litigation to put gun manufacturers out of business.

    4lizad
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    dsmithdsmith Member Posts: 902 ✭✭✭✭
    edited November -1
    Sadly the bill that passed the Senate has a requirement that gun locks be sold with all handguns. GOA opposes this fact. If such a bill passes, it may eventually be required that the gun locks must be used at all times.
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    tr foxtr fox Member Posts: 13,856
    edited November -1
    Sometimes compromises have to be made to get what one wants from life. This is true regardless of what the constitution or any pro-gun groups say. This is merely a fact of life.

    We must have the firearms manufacturers protection bill if we are going to be able to continue to purchase firearms, parts and probably Ammo. I can live with having to buy a trigger lock each time I buy a gun.

    And in regards to it becoming a law that the locks have to be on all guns at all times (except when shooting them) the key word about that happening is the word "eventually". This means that it hasn't happened yet and hopefully we can make sure it never does.

    Besides, how would such a requirement ever be put in place in regards to a person having and using a CCW for just one example?

    4lizad
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    pickenuppickenup Member Posts: 22,844 ✭✭✭✭
    edited November -1
    From the GOA

    Senate Passes Gun Control Amidst Protection For Gun Makers
    -- Now the House has to clean up the Senate's mess

    Gun Owners of America E-Mail Alert
    8001 Forbes Place, Suite 102, Springfield, VA 22151
    Phone: 703-321-8585 / FAX: 703-321-8408
    http://www.gunowners.org

    Friday evening, July 29, 2005


    The U.S. Senate passed legislation (S. 397) protecting the gun industry from frivolous lawsuits by a vote of 65-31 this afternoon.

    It should have been a joyous occasion for the entire gun community. But just when it seemed that the majority party was about to deal a knockout blow, the Republican leadership dropped their gloves and allowed anti-gun Democrats to land a hard uppercut on the chin.

    As a result of that lack of resolve, America will be saddled with mandatory trigger locks unless the House of Representatives acts in a more responsible manner.

    True, the underlying bill is significant legislation, supported by GOA, which will help the firearms industry defend itself from the slew of frivolous lawsuits you've been hearing about for years. It's not great protection, but it's a nice first step.

    However, "nice first step" should never be an excuse for the passage of more gun control. By the way, you will no doubt be reading news reports touting the bill as a great victory for gun owners, while dismissing the trigger lock amendment as "minor." Wrong, and more on that later.

    But first: how did this thing blow up in our faces?

    IT SHOULD HAVE BEEN GOOD, THEN IT WENT BAD

    Remember that Gun Owners of America had asked its members and activists to lobby Majority Leader Bill Frist to use whatever means possible to block anti-gun amendments? At first, his office had been telling us this couldn't be done.

    Frist's office told us there was no Senate rule allowing the majority party to block bad amendments.

    But after GOA members and activists applied the heat, Frist took another look. He then used parliamentary rules to "fill the amendment tree," which is exactly what we asked him to do. "Filling the amendment tree" is a technical term which explains how the majority party can offer amendments in such a way as to block the minority party from offering other amendments.

    So far so good. But then... Frist blinked. You see, there were a handful of "moderate" Democrats, mainly from pro-gun states, who had cosponsored the original bill -- enough to make the measure filibuster-proof. Fearing that the other side would get those guys to bolt from the bill, Frist caved and allowed people like decidedly anti-gun Senator Herb Kohl to offer amendments.

    Frist should have stood firm and let any rats jumping ship go home and explain to their constituents why they didn't support needed tort reform.

    But he did not, and the trigger lock amendment passed. Those who think it's no big deal will tell you that even though the provision requires gun dealers to include the sale of a "lock-up-your-safety" device with every handgun sold, there are no penalties for the gun owner if he or she does not use the trigger lock. Right. NOT YET.

    Remember seat belts? First they had to be installed in every new car sold. Then, it became mandatory that you wear them. You can almost hear the debate in the next Congress: "It does no good to provide trigger locking devices if gun owners aren't required to use them. We need to punish any gun owner who fails to lock up his or her handgun!"

    Remember also that some us don't like a "tax" on the price of our next gun, which we have to pay to get a piece of equipment we know can endanger our lives should we install it.


    IT COULD HAVE BEEN WORSE

    At least your hard work convinced Frist to fill the tree in the first place. Otherwise, any anti-gun Senator could have added anything including the word "firearm" and who knows what we would have ended up with. It's an utter shame that Frist lost his nerve right when total victory was in our grasp.

    Even worse, perhaps, 70 Senators went along with the trigger lock amendment when they could just as easily have voted "No" and passed a clean bill thereafter. Were your Senators among those who need to be spanked for toying with your rights? Go to http://www.gunowners.org/cgv.htm for a complete run-down of the trigger locks vote.


    WHAT HAPPENS NEXT

    The bill now moves to the House. Some pro-gun spokesmen have been promising that the trigger lock amendment can be stripped out in a conference committee. As mentioned in a previous alert, this is a dangerous strategy which frequently does NOT work -- such as when we got stuck with the Feinstein semi-auto ban in 1993-94 and the Incumbent Protection Act in 2002.

    Actually, a clean bill already exists in the House. Why not pass that one? Congress is in recess during August. But the back-room deals are certain to continue inside the Beltway.

    To counter those expected compromises, GOA will need your help at specific times over the remainder of the summer. Please stay tuned... gun owners will need to pressure their Representatives with one simple message: a vote for ANY bill, should it contain new gun control, is NOT something we're prepared to swallow without a fight.


    The gene pool needs chlorine.
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    DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    I have enough clutter in my life I don't need more gun locks.

    Defender
    Private investigator licensed in AZ & CA that specializes in self defense cases.
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    gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    That sucks, and no, I will not use gun locks. Not even if they are "required".

    Death to Tyrants!!!
    Lev 26:14-39

    Those who would offer any interpretation that would relegate Amendment II to "relic" status of a bygone era are blatantly stating that the remainder of the Bill of Rights isn't worth a damn, either.

    Luke 22:36.
    "Followers of Christ, be armed."
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    tr foxtr fox Member Posts: 13,856
    edited November -1
    I cannot help but focus on the fact that, if I am going to remain a gun owner with the right to buy new guns and parts for my existing guns, then I cannot afford to see civilian gun manufacturers sued out of business. If this happened then my daughter and her son, in the future would not be able to buy guns.

    Therefore I will be very grateful if S397 (protection of lawful commerce in arms act) passes and becomes law even with the trigger lock requirement.

    If we pro-gun people have the clout to get S397 passed over the strenous objections of the anti-gunners, even with the trigger lock amendment we have a great victory and this shows our strength. Why can't we focus on the hopefully current "victory" as a victory and use our strength in the future to ensure that the trigger lock requirement is not expanded to become mandatory?

    Or even use our strength to in the future remove the trigger lock requirement entirely?

    The "glass" is even more than "half full" as compared to being "half empty". In this case our glass is 90% full and only 10% empty. Let's not waste time, energy and emotions complaining about that missing 10%. IMHO it is only counterproductive.

    4lizad
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    WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    In the People's Republik of Kalifornia, the gun lock requirement has been around for several years (and I assume in a few other anti-gun states as well). It is all bull****. Basically the strategy is to nickle and dime the potential gun purchaser into not making a purchase.

    Tha Kalifornia requirement is that each firearms purchase must also be accompanied by:

    A) A Kalifornia DOJ certified gun lock (with a receipt of purchase that is dated within 30 days of the gun purchase date).

    -OR-

    B) A receipt of purchase of a Kalifornia DOJ certified gun safe, or an affidavit from the purchaser that states that they own such a gun safe and identifies the specific model and manufacturer.

    I purchased a Sig Sauer P228 in March of 2002, about 3 months after this law went into effect. This firearm included a trigger lock supplied by the manufacturer (shrink-wrapped in the original package), but since there was no separate receipt of sale I was required to either purchase another brand new gun lock or supply the above mentioned affidavit of owning a DOJ certified gun safe. This had to be done before they would let me take home MY FIREARM that I HAD ALREADY PAID FOR AND PATIENTLY WAITED 10 DAYS TO PICK-UP, as per Kalifornia law. The gun dealer totally neglected to inform me of this stipulation at the time of purchase and waited until I arrived 10 days later to receive my firearm to spring this on me. Needless to say, I was PISSED, but they had me by the balls.

    Now they have all of you by the balls too.

    -WW

    wwsm.GIF
    MOLON LAVE



    samsm.gif"If ever time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced Patriots to prevent its ruin."
    -Samuel Adams, Patriot/Brewer
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    gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    Yep....

    ...or at least they can think that.

    Death to Tyrants!!!
    Lev 26:14-39

    Those who would offer any interpretation that would relegate Amendment II to "relic" status of a bygone era are blatantly stating that the remainder of the Bill of Rights isn't worth a damn, either.

    Luke 22:36.
    "Followers of Christ, be armed."
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    WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    More details on our "victory":

    Proposed Senate Bill: Is S. 397 A TROJAN HORSE?

    You may have heard a lot of praise for S. 397, which last
    week passed the U.S. Senate. This bill is supposedly
    intended to protect firearms manufacturers against nuisance
    lawsuits.

    There's been minor grumbling about the "safety lock"
    provisions in the proposed legislation, but otherwise S.
    397 has had overwhelming support.

    Just about the time we were wondering why even some usually
    gun-unfriendly senators like Herb Kohl (D-WI) were in favor
    of this bill, an alert Congresswatcher contacted us with a
    warning.

    "The only thing I see that's good about the bill," this
    sharp-eyed observer wrote, "is that it hasn't become law."

    After taking a closer look, we agree.

    As our correspondent pointed out, the real problem lies in
    Sec. 6 "Armor Piercing Ammunition."

    THIS SECTION COULD ALLOW ALL CENTERFIRE RIFLE AMMO TO BE
    BANNED

    Here's how.

    Part One of Sec. 6 makes it illegal to make, import, sell
    or deliver any "armor-piercing" ammunition EXCEPT:

    1) For the use of state and federal government departments
    or agencies.

    2) For export

    3) For Attorney General-approved testing.

    Part Two "enhances" criminal sentences for anyone who
    possesses "armor-piercing" ammunition during the commission
    of a crime.

    Part Three is where the trap is really sprung. Because this
    part instructs the U.S. Attorney General to "conduct a
    study to determine whether a uniform standard for the
    testing of projectiles against Body Armor is feasible."

    NOTE WELL: The tests to determine whether or not ammo is
    "armor piercing" are NOT to be conducted against armor
    plate, such as that used on military combat vehicles. The
    tests are to be conducted against body armor. And as anyone
    knowledgeable about firearms knows, VIRTUALLY ALL RIFLE
    AMMO WILL PENETRATE BODY ARMOR. So will some pistol ammo.

    We asked firearms maker Len Savage if the warning we
    received was well-taken or whether this was simply a
    misinterpretation of the proposed law. Here's Len's reply:

    "Yes. This gives the A.G. the power to say what is and is
    not "armor piercing." There is no language for what type of
    test is to be conducted (other than ballistic vests). If
    the test were on 1 inch "rolled homogeneous armor plate"
    then there would be no problem. If the test is a level I
    "vest" material, then EVERYTHING including .22 longs, are
    going to be illegal ammo.

    "The bill would effectively give the power to decide to ONE
    person. NO vote, NO appeal, NO rights. (Just like the
    current mess with [the sloppy, no-standards testing
    practices of the Bureau of Alcohol, Tobacco, and
    Firearms].)

    "I figured it was a matter of time before they got around
    to figuring out: Control the ammo and you control the guns.
    Of course there would be born a "black market" for ammo,
    very close to the black market for marijuana, in size,
    scope, and risks. Next will be the sentencing
    recommendations for possession, and distributing (dealing).
    Components will be viewed as constructive intent of illegal
    manufacturing of "terrorist material."

    "This is a dangerous path for America. I am forced to ask
    myself: Why the continued attack and obvious methodical
    disarming of American Citizens? There is only one answer:
    control and power."

    Just as "Saturday-Night specials," "military-style assault
    weapons," "cop-killer bullets," and "sporting purposes"
    have all been used as deceptive, emotionally loaded key
    words to justify regulations and outright bans, it now
    appears that the designation "armor-piercing ammunition" is
    likely to be mis-applied in an attempt to deprive Americans
    of their rights.

    We should all be asking some serious questions about the
    real impact S. 397 will have on our freedoms if it becomes
    law. One important question is: Why are our "leaders" so
    desperate that they would attempt to slip such a
    potentially draconian provision into a supposedly pro-gun
    bill?

    The Liberty Crew

    LINKS:

    S. 397, Sec. 6
    http://tinyurl.com/9u8mt (click on [S.397.ES])

    wwsm.GIF
    MOLON LAVE



    samsm.gif"If ever time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced Patriots to prevent its ruin."
    -Samuel Adams, Patriot/Brewer
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    tr foxtr fox Member Posts: 13,856
    edited November -1
    Wounded Wolf, thanks for posting that info. I rely on the NRA and GOA to keep me informed on matters such as this since I can't moniter and read each and every bill that comes out of congress.

    The part about armor piercing ammo sounds really bad. You don't have to be a lawyer to easily see that it give the right to one unelected person to declare most ammo as being "armor piercing" and out law that ammo and make criminals of us gun owners who don't rid ourselves of all our ammo. Ironically we would still have our guns without ammo. Pretty clever of the anti-gunners.

    I going to pass your post around and copy and mail it to my representatives and see if I get a response.

    4lizad
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