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Great day for gun owners...

DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
House passes gun lawsuit shield legislation
Reuters
WASHINGTON - The U.S. House of Representatives on Thursday passed and sent to President George W. Bush for his signature legislation giving the U.S. gun industry sweeping protection from civil lawsuits, a victory for the powerful gun lobby.

The "Protection of Lawful Commerce in Arms" bill passed with a bipartisan 283-144 vote, with a several dozen Democrats from gun-friendly southern or rural areas joining the Republican majority. The Senate has already passed the legislation, and the White House strongly backs it.

The bill would provide broad immunity from civil lawsuits filed by dozens of cities and municipalities against gun makers, dealers and distributors. Critics say the lawsuits are frivolous, are politically motivated and are designed to undermine U.S. citizens' rights to own guns.

"The intended consequence of these frivolous lawsuits could not be more clear -- the financial ruin of the firearms industry," said House Judiciary chairman James Sensenbrenner, a Wisconsin Republican.

The legislation is another huge victory for the National Rifle Association, which with its many allies in Congress has been able to outvote and outflank the dwindling number of vocal gun control advocates in Congress. Last year the NRA successfully blocked renewal of the 10-year-old ban on assault weapons.

"I think the air is out of the gun control balloon, and I think what popped the balloon is politics and elections," NRA executive vice president Wayne LaPierre said, noting that many Democrats see gun control as a losing issue after more than a decade of Republican political gains.




Defender
Private investigator licensed in AZ & CA that specializes in self defense cases.

Comments

  • mballaimballai Member Posts: 1,280 ✭✭✭✭✭
    edited November -1
    This is wonderful news. [:D]

    Anything to ruin the lawyers' day is good [:D]

    Now we just need to get all those lawyers out of Congress.

    Three Precious Metals: Gold, silver and lead
  • WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Hooray, more mandatory gun locks and ammo bans.

    The NRA threw us under the bus on this one. H.R. 800 was the clean version of this bill and they totally buried it. Instead the Dems got to have a field day tacking on gun restrictions to S. 397 and the Republicans and the NRA smiled the whole time, just as long as it didn't upset the gun manufacturers.

    This is a TRAGIC day for gun owners.

    wwsm.GIF
    MOΛΩN ΛABE



    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
  • ComengetitComengetit Member Posts: 1,170 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by WoundedWolf
    Hooray, more mandatory gun locks and ammo bans.

    The NRA threw us under the bus on this one. H.R. 800 was the clean version of this bill and they totally buried it. Instead the Dems got to have a field day tacking on gun restrictions to S. 397 and the Republicans and the NRA smiled the whole time, just as long as it didn't upset the gun manufacturers.

    This is a TRAGIC day for gun owners.

    wwsm.GIF

    MOEUN EABE



    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


    This is from HR 800, I don't know, doesn't look like anything different.

    Official Title: To prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages or injunctive or other relief resulting from the misuse of their products by others.

    (9) UNLAWFUL MISUSE.-The term ``unlawful
    misuse'' means conduct that violates a statute, ordinance, or regulation as it relates to the use of a qualified product.

    This is from both of them actually and this is worded better than in HR 800. It is from S, 397:

    SEC. 2. FINDINGS; PURPOSES.

    (a) Findings- Congress finds the following:

    (1) The Second Amendment to the United States Constitution provides that the right of the people to keep and bear arms shall not be infringed.

    (2) The Second Amendment to the United States Constitution protects the rights of individuals, including those who are not members of a militia or engaged in military service or training, to keep and bear arms.

    (4) The manufacture, importation, possession, sale, and use of firearms and ammunition in the United States are heavily regulated by Federal, State, and local laws. Such Federal laws include the Gun Control Act of 1968, the National Firearms Act, and the Arms Export Control Act.

    Seems to me that this is a fantastic happening, the Congress has settled the question of individual or collective. They also state that there are many laws that "Heavily Regulate" gun ownership. Yet they had already stated that "the right to keep and bear arms shall not be infringed", they acknowledged it. This is beautiful. They backdoored the repeal. I doubt they even know it, but sure as snit, they did. How can one argue with the findings of Congress, according to the Constitution, they are the almighty law. So, the almighty has spoken. and we are going to crush those outstanding gun laws. If the NRA et al are not too stupid to see the same.


    This I will fly until JOEY returns!
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    There are two kinds of people in this World....Those who lead....and those who get the hell out of the way...GUT CHECK!...Which one are you?
  • DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    Buy your gun and the gun lock. Return the gun lock for a refund later.

    Defender
    Private investigator licensed in AZ & CA that specializes in self defense cases.
  • WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Comengetit, these are the amendments added to S. 397 that are excluded from H.R. 800, courtesy of GOA:

    quote:The first amendment -- offered by Sen. Herb Kohl (D-WI) -- requires
    gun dealers to include a "lock-up-your-safety" device with every
    handgun sold. In addition to imposing a "gun tax" on every
    handgun buyer, this amendment paves the way for future legislation mandating that gun owners use those trigger locks.

    The second provision -- offered by Sen. Larry Craig (R-ID) -- amended
    the armor-piercing bullet provisions of federal law. At its core,
    the Craig language did two things:

    * It gave impetus to adopting a "penetration standard" for armor
    piercing bullets by commissioning a Justice Department study of the
    issue. If a "penetration standard" were adopted, a gun-adverse
    administration could probably use it to ban virtually all ammunition.

    * It established a fifteen year MANDATORY MINIMUM PRISON SENTENCE for
    anyone who carries a single armor piercing bullet during the
    commission of a "crime of violence" -- or who
    "possesses" such a bullet "in furtherance of... such crime..."

    It is significant that "crime of violence" is defined in 18
    U.S.C. 924(c)(3) to mean a felony that (1) involves the actual, attempted, or threatened use of force against person or property, or (2) involves a "substantial risk" of force against person or property.

    Hence, if a concealed carry permit holder opens his coat to display a
    firearm in order to thwart an assault -- and such an action is
    prohibited by a state's anti-self defense law and therefore
    constitutes a felony of "criminal threatening" -- then the
    court must sentence the concealed carry permit holder to a fifteen year mandatory minimum sentence if he is carrying an "armor piercing
    bullet." The judge has no discretion.

    Defender,

    quote:Buy your gun and the gun lock. Return the gun lock for a refund later.

    Why don't they just mandate that I need an armored car to transport my guns? I can just return it later, right?

    -WW

    wwsm.GIF
    MOΛΩN ΛABE



    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
  • ComengetitComengetit Member Posts: 1,170 ✭✭✭✭✭
    edited November -1
    Yeah, you know what? They conveniently left those amendments off. However, the fact that they acknowledged the "shall not be infringed" of the 2A I think those can be shot down. I guess we'll see. Now as for HR800 is it a bust now or can it still go to the floor. And if it can what happens if it passes. My thougthts are that it is done but stranger things have happened.

    Joey Has Been Freed!

    3dflagsdotcom_usa_2fagl.gif911_memorial_flag_our_flag_was_stil.gif[/IMG]culpepper-01.gif3dflagsdotcom_us_az_2fagl.gif
    There are two kinds of people in this World....Those who lead....and those who get the hell out of the way...GUT CHECK!...Which one are you?
  • WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Here is the full-text of the bill:

    http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_bills&docid=f:s397es.txt.pdf

    Notice Section 5: "Child Safety Lock Act of 2005" and Section 6: "Armor Piercing Ammunition"

    As for H.R. 800, it appears that the politicians consider both of these bills to be equivalent, therefore I bet that H.R. 800 will get shelved.

    -WW

    wwsm.GIF
    MOΛΩN ΛABE



    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
  • jaflowersjaflowers Member Posts: 698 ✭✭✭✭
    edited November -1
    Yea it looks as though it's good for the gun companies but kind of 50/50 for us. I really could care less about what they determine to be AP ammo. If I'm using my AP stuff for it's intended purpose then the crap has hit the fan anyway, and we all know that typical hunting ammo from magnum rifles will penatrate 1" cast iron plate so I think it's a mute point.
  • WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    quote:I really could care less about what they determine to be AP ammo.

    But that is the point, jaflowers. This bill opens the door for the Justice Dept. to redefine what is considered "armor piercing" based on their own definition, regardless of what materials the bullet is made of. Therefore if they feel that your .300 Win Mag hunting rifle has too much potential for penetration, then BAM! they will slap an "armor piercing" label on that ammo and you can say bye bye to ever using that rifle again.

    Read it and weep:

    quote:(c) STUDY AND REPORT.-
    (1) STUDY.-The Attorney General shall conduct a study to determine whether a uniform standard for the testing of projectiles against Body Armor is feasible.
    (2) ISSUES TO BE STUDIED.-The study conducted under paragraph (1) shall include-
    (A) variations in performance that are related to the length of the barrel of the handgun or center-fire rifle from which the projectile is fired; and
    (B) the amount of powder used to propel the projectile.
    (3) REPORT.-Not later than 2 years after the
    date of enactment of this Act, the Attorney General
    shall submit a report containing the results of the
    study conducted under this subsection to-
    (A) the chairman and ranking member of
    the Committee on the Judiciary of the Senate;
    and
    (B) the chairman and ranking member of
    the Committee on the Judiciary of the House of
    Representatives.
    Passed the Senate July 29, 2005.

    wwsm.GIF
    MOΛΩN ΛABE



    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
  • jaflowersjaflowers Member Posts: 698 ✭✭✭✭
    edited November -1
    No really I do "get it". That's why my reloading stockpile and my emergency stockpiles are kept up so well. If they ban the ammo I've got plenty and will not target shoot with them, just hunt. If they ban the guns then come get them, if they think it will be that easy. If they ban AP ammo none of mine is tracable, just like so many other peoples out there, so unless the go door to door they'll never know. That's why I said it doesn't really matter.

    For all the claimed gun rights folks out there who have a few big bores with only a handful of ammo, then they are just unprepared. WE all have been seeing the writing on the wall for years and whenever we tell other gun owner who aren't as passionate as we are to stock up they think we're crazy. It will be a hard lesson about the government for those folks. They can be sheeple or be prepared, make the choice.
  • WoundedWolfWoundedWolf Member Posts: 1,658 ✭✭✭✭✭
    edited November -1
    Roger that, jaflowers.

    I see where you are coming from now.

    wwsm.GIF
    MOΛΩN ΛABE



    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
  • HighballHighball Member Posts: 15,755
    edited November -1
    Once again they slapped a bandaid over a rotting, stinking wound in the side of Americans.

    The cowards in Washington and the thousand dollar striped suit lobbiests from the NRA ducked the real issue..and managed to once again circumvent the Constitution.
    Noplace in that document is there room to protect a single industry. There IS, however..PLENTY of room for Congress to remove corrupt judges abusing their power.

    Understand why they didn't stand up and tell the truth ?
  • DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    The fact is the bogus lawsutes were a much bigger threat than the crap we had to swallow here. We gained ground and the gun-haters lost ground. We are still fighting.

    Remember that many federal, state and local government agency don't give a chit what the laws are. They just grab guns with the owners and force them into hostile courts and jails anyway.

    No matter what the laws are, until the Supreme Court says the Second Amendment means what it says, the foot is always in the door to end gun ownership in America.

    We must fight, fight and fight some more.

    Defender
    Private investigator licensed in AZ & CA that specializes in self defense cases.
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