S.Amdt. 1623Senate109th Congress (2005-2007)

To clarify the prohibition on certain civil liability actions.

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Roll call votes on amendments in Senate: Motion to table amendment SA 1623 agreed to in Senate by Yea-Nay Vote. 62 - 37. Record Vote Number: 208.

July 28, 2005

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Floor

Roll call votes on amendments in Senate: Motion to table amendment SA 1623 agreed to in Senate by Yea-Nay Vote. 62 - 37. Record Vote Number: 208.

July 28, 2005

Floor

Senate amendment proposed (on the floor): Amendment SA 1623 proposed by Senator Levin.

July 28, 2005

Floor

Amendment SA 1623 proposed by Senator Levin. (consideration: CR S9222-9230; text: CR S9222) To clarify the prohibition on certain civil liability actions.

July 28, 2005

Floor

Motion to table amendment SA 1623 agreed to in Senate by Yea-Nay Vote. 62 - 37. Record Vote Number: 208.

July 28, 2005

Floor

Senate amendment submitted

July 27, 2005

Votes

1 roll call on this amendment

SENATE

Roll Call Available

July 28, 2005 at 3:02 PM

On the Motion to Table S.Amdt. 1623 to S. 397 (Protection of Lawful Commerce in Arms Act)

Majority required: 1/2 (50%)

Agreed

62 - 37

Text

Submitted

Proposed · Jul 28, 2005 Submitted · Jul 27, 2005

Formatted text PDF

SA 1623. Mr. LEVIN (for himself and Mr. Dayton) submitted an
amendment intended to be proposed by him to the bill S. 397, to
prohibit civil liability actions from being brought or continued
against manufacturers, distributors, dealers, or importers of firearms
or ammunition for damages, injunctive or other relief resulting from
the misuse of their products by others; which was ordered to lie on the
table; as follows:

On page 13, after line 4, add the following:

SEC. 5. GROSS NEGLIGENCE OR RECKLESS CONDUCT.

(a) In General.--Nothing in this Act shall be construed to
prohibit a civil liability action from being brought or
continued against a person if the gross negligence or
reckless conduct of that person was a proximate cause of
death or injury.
(b) Definitions.--As used in this section--
(1) the term ``gross negligence'' has the meaning given
that term under subsection (b)(7) of the Bill Emerson Good
Samaritan Food Donation Act (42 U.S.C. 1791(b)(7)); and
(2) the term ``reckless'' has the meaning given that term
under section 2A1.4 of the Federal Sentencing Guidelines
Manual.
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