Hated to ccp this and post it on the gun lock ammendment. This is straight from DC and on windfliers post #130. S. Senate Roll Call Votes 109th Congress - 1st Session
as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate
Vote Summary
Question: On the Amendment (Kohl Amdt. No. 1626 )
Vote Number:
207
Vote Date:
July 28, 2005, 12:13 PM
Required For Majority:
1/2
Vote Result:
Amendment Agreed to
Amendment Number:
S.Amdt. 1626 to S. 397 (Protection of Lawful Commerce in Arms Act)
Statement of Purpose:
To amend chapter 44 of title 18, United States Code, to require the provision of a child safety lock in connection with the transfer of a handgun.
Vote Counts:
YEAs
70
NAYs
30
Vote Summary
By Senator Name
By Vote Position
By Home State
Alphabetical by Senator Name
Akaka (D-HI), Yea
Alexander (R-TN), Nay
Allard (R-CO), Nay
Allen (R-VA), Nay
Baucus (D-MT), Yea
Bayh (D-IN), Yea
Bennett (R-UT), Nay
Biden (D-DE), Yea
Bingaman (D-NM), Yea
Bond (R-MO), Nay
Boxer (D-CA), Yea
Brownback (R-KS), Yea
Bunning (R-KY), Nay
Burns (R-MT), Nay
Burr (R-NC), Nay
Byrd (D-WV), Yea
Cantwell (D-WA), Yea
Carper (D-DE), Yea
Chafee (R-RI), Yea
Chambliss (R-GA), Nay
Clinton (D-NY), Yea
Coburn (R-OK), Nay
Cochran (R-MS), Nay
Coleman (R-MN), Yea
Collins (R-ME), Yea
Conrad (D-ND), Yea
Cornyn (R-TX), Nay
Corzine (D-NJ), Yea
Craig (R-ID), Nay
Crapo (R-ID), Nay
Dayton (D-MN), Yea
DeMint (R-SC), Nay
DeWine (R-OH), Yea
Dodd (D-CT), Yea
Dole (R-NC), Nay
Domenici (R-NM), Yea
Dorgan (D-ND), Yea
Durbin (D-IL), Yea
Ensign (R-NV), Nay
Enzi (R-WY), Nay
Feingold (D-WI), Yea
Feinstein (D-CA), Yea
Frist (R-TN), Yea
Graham (R-SC), Yea
Grassley (R-IA), Yea
Gregg (R-NH), Yea
Hagel (R-NE), Yea
Harkin (D-IA), Yea
Hatch (R-UT), Nay
Hutchison (R-TX), Yea
Inhofe (R-OK), Nay
Inouye (D-HI), Yea
Isakson (R-GA), Nay
Jeffords (I-VT), Yea
Johnson (D-SD), Yea
Kennedy (D-MA), Yea
Kerry (D-MA), Yea
Kohl (D-WI), Yea
Kyl (R-AZ), Nay
Landrieu (D-LA), Yea
Lautenberg (D-NJ), Yea
Leahy (D-VT), Yea
Levin (D-MI), Yea
Lieberman (D-CT), Yea
Lincoln (D-AR), Yea
Lott (R-MS), Nay
Lugar (R-IN), Yea
Martinez (R-FL), Nay
McCain (R-AZ), Yea
McConnell (R-KY), Yea
Mikulski (D-MD), Yea
Murkowski (R-AK), Yea
Murray (D-WA), Yea
Nelson (D-FL), Yea
Nelson (D-NE), Yea
Obama (D-IL), Yea
Pryor (D-AR), Yea
Reed (D-RI), Yea
Reid (D-NV), Yea
Roberts (R-KS), Yea
Rockefeller (D-WV), Yea
Salazar (D-CO), Yea
Santorum (R-PA), Yea
Sarbanes (D-MD), Yea
Schumer (D-NY), Yea
Sessions (R-AL), Nay
Shelby (R-AL), Nay
Smith (R-OR), Yea
Snowe (R-ME), Yea
Specter (R-PA), Yea
Stabenow (D-MI), Yea
Stevens (R-AK), Yea
Sununu (R-NH), Yea
Talent (R-MO), Nay
Thomas (R-WY), Nay
Thune (R-SD), Nay
Vitter (R-LA), Nay
Voinovich (R-OH), Yea
Warner (R-VA), Yea
Wyden (D-OR), Yea
Vote Summary
By Senator Name
By Vote Position
By Home State
Grouped By Vote Position
YEAs -—70
Akaka (D-HI)
Baucus (D-MT)
Bayh (D-IN)
Biden (D-DE)
Bingaman (D-NM)
Boxer (D-CA)
Brownback (R-KS)
Byrd (D-WV)
Cantwell (D-WA)
Carper (D-DE)
Chafee (R-RI)
Clinton (D-NY)
Coleman (R-MN)
Collins (R-ME)
Conrad (D-ND)
Corzine (D-NJ)
Dayton (D-MN)
DeWine (R-OH)
Dodd (D-CT)
Domenici (R-NM)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Feinstein (D-CA)
Frist (R-TN)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hagel (R-NE)
Harkin (D-IA)
Hutchison (R-TX)
Inouye (D-HI)
Jeffords (I-VT)
Johnson (D-SD)
Kennedy (D-MA)
Kerry (D-MA)
Kohl (D-WI)
Landrieu (D-LA)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (D-CT)
Lincoln (D-AR)
Lugar (R-IN)
McCain (R-AZ)
McConnell (R-KY)
Mikulski (D-MD)
Murkowski (R-AK)
Murray (D-WA)
Nelson (D-FL)
Nelson (D-NE)
Obama (D-IL)
Pryor (D-AR)
Reed (D-RI)
Reid (D-NV)
Roberts (R-KS)
Rockefeller (D-WV)
Salazar (D-CO)
Santorum (R-PA)
Sarbanes (D-MD)
Schumer (D-NY)
Smith (R-OR)
Snowe (R-ME)
Specter (R-PA)
Stabenow (D-MI)
Stevens (R-AK)
Sununu (R-NH)
Voinovich (R-OH)
Warner (R-VA)
Wyden (D-OR)
NAYs -—30
Alexander (R-TN)
Allard (R-CO)
Allen (R-VA)
Bennett (R-UT)
Bond (R-MO)
Bunning (R-KY)
Burns (R-MT)
Burr (R-NC)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Cornyn (R-TX)
Craig (R-ID)
Crapo (R-ID)
DeMint (R-SC)
Dole (R-NC)
Ensign (R-NV)
Enzi (R-WY)
Hatch (R-UT)
Inhofe (R-OK)
Isakson (R-GA)
Kyl (R-AZ)
Lott (R-MS)
Martinez (R-FL)
Sessions (R-AL)
Shelby (R-AL)
Talent (R-MO)
Thomas (R-WY)
Thune (R-SD)
Vitter (R-LA)
Vote Summary
By Senator Name
By Vote Position
By Home State
Thank you for a specific reference. For the record, this is not the bill referenced in your previous post, or the vote. This vote was on amendment 1626, as you mentioned. This is the congressional record for that amendment:
SA 1626. Mr. REED (for Mr. KOHL) proposed an amendment 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; as follows:
SEC. 5. CHILD SAFETY LOCKS.
(a) SHORT TITLE.--This section may be cited as the ``Child Safety Lock Act of 2005''.
[Page: S9193] GPO's PDF (b) PURPOSES.--The purposes of this section are--
(1) to promote the safe storage and use of handguns by consumers;
(2) to prevent unauthorized persons from gaining access to or use of a handgun, including children who may not be in possession of a handgun; and
(3) to avoid hindering industry from supplying firearms to law abiding citizens for all lawful purposes, including hunting, self-defense, collecting, and competitive or recreational shooting.
(c) FIREARMS SAFETY.--
(1) MANDATORY TRANSFER OF SECURE GUN STORAGE OR SAFETY DEVICE.--Section 922 of title 18, United States Code, is amended by inserting at the end the following:
``(z) SECURE GUN STORAGE OR SAFETY DEVICE.--
``(1) IN GENERAL.--Except as provided under paragraph (2), it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer any handgun to any person other than any person licensed under this chapter, unless the transferee is provided with a secure gun storage or safety device (as defined in section 921(a)(34)) for that handgun.
``(2) EXCEPTIONS.--Paragraph (1) shall not apply to--
``(A)(i) the manufacture for, transfer to, or possession by, the United States, a department or agency of the United States, a State, or a department, agency, or political subdivision of a State, of a handgun; or
``(ii) the transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes (whether on or off duty); or
``(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for purposes of law enforcement (whether on or off duty);
``(C) the transfer to any person of a handgun listed as a curio or relic by the Secretary pursuant to section 921(a)(13); or
``(D) the transfer to any person of a handgun for which a secure gun storage or safety device is temporarily unavailable for the reasons described in the exceptions stated in section 923(e), if the licensed manufacturer, licensed importer, or licensed dealer delivers to the transferee within 10 calendar days from the date of the delivery of the handgun to the transferee a secure gun storage or safety device for the handgun.
``(3) LIABILITY FOR USE.--
``(A) IN GENERAL.--Notwithstanding any other provision of law, a person who has lawful possession and control of a handgun, and who uses a secure gun storage or safety device with the handgun, shall be entitled to immunity from a qualified civil liability action.
``(B) PROSPECTIVE ACTIONS.--A qualified civil liability action may not be brought in any Federal or State court.
``(C) DEFINED TERM.--As used in this paragraph, the term `qualified civil liability action'--
``(i) means a civil action brought by any person against a person described in subparagraph (A) for damages resulting from the criminal or unlawful misuse of the handgun by a third party, if--
``(I) the handgun was accessed by another person who did not have the permission or authorization of the person having lawful possession and control of the handgun to have access to it; and
``(II) at the time access was gained by the person not so authorized, the handgun had been made inoperable by use of a secure gun storage or safety device; and
``(ii) shall not include an action brought against the person having lawful possession and control of the handgun for negligent entrustment or negligence per se.''.
(2) CIVIL PENALTIES.--Section 924 of title 18, United States Code, is amended--
(A) in subsection (a)(1), by striking ``or (f)'' and inserting ``(f), or (p)''; and
(B) by adding at the end the following:
``(p) PENALTIES RELATING TO SECURE GUN STORAGE OR SAFETY DEVICE.--
``(1) IN GENERAL.--
``(A) SUSPENSION OR REVOCATION OF LICENSE; CIVIL PENALTIES.--With respect to each violation of section 922(z)(1) by a licensed manufacturer, licensed importer, or licensed dealer, the Secretary may, after notice and opportunity for hearing--
``(i) suspend for not more than 6 months, or revoke, the license issued to the licensee under this chapter that was used to conduct the firearms transfer; or
``(ii) subject the licensee to a civil penalty in an amount equal to not more than $2,500.
``(B) REVIEW.--An action of the Secretary under this paragraph may be reviewed only as provided under section 923(f).
``(2) ADMINISTRATIVE REMEDIES.--The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) shall not preclude any administrative remedy that is otherwise available to the Secretary.''.
(3) LIABILITY; EVIDENCE.--
(A) LIABILITY.--Nothing in this section shall be construed to--
(i) create a cause of action against any Federal firearms licensee or any other person for any civil liability; or
(ii) establish any standard of care.
(B) EVIDENCE.--Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with the amendments made by this section shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action relating to section 922(z) of title 18, United States Code, as added by this subsection.
(C) RULE OF CONSTRUCTION.--Nothing in this paragraph shall be construed to bar a governmental action to impose a penalty under section 924(p) of title 18, United States Code, for a failure to comply with section 922(z) of that title.
(d) EFFECTIVE DATE.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.
(Sorry for the long link, but it's important to read the text of this particular amendment in full, to understand both the limits of it's scope, and the advantages confered. As you can see, this amendment did require that guns being sold have child locks or some other lockable storage device included with the sale. It then gave immunity from prosecution to people who used these devices if their gun ended up being used to commit a crime.
Now, I could certainly MAKE the argument that forcing a gun dealer to provide gun locks with their sales does infringe on the free contract between private entities. However, the safety devices were already required under a different section of the law, so this bill was making sure that people who purchased guns would have the devices necessary to secure the guns.
The purpose of the bill was to limit liability for gun manufacturers. The amendment offered liability to gun owners who used locks, and ensured that gun owners would have the locks necessary.
The bill itself required secure storage: Requires all licensed importers, manufacturers and dealers who engage in the transfer of handguns to provide secure gun storage or safety devices (Sec. 5).
So this amendment was a minor revision, to ensure secure storage was provided to purchasers, and to then provide purchasers (owners) with immunity.
Here is what the NRA said about S397: Victory in Senate (09/2005 - S397):
When the U.S. Senate voted 65-31 to pass S.397 - the Protection of Lawful Commerce in Arms Act - and end predatory lawsuits against our firearm industry, gun owners scored their greatest legislative win since enactment of 1986`s Firearms Owners` Protection Act.So, the complaint against Santorum in THIS comment is that he voted for an amendment to a bill he got passed, for which the NRA specifically called him out for special recognition. I don't think this is the anti-gun vote you were looking for.
...
Senate Majority Whip Mitch McConnell (R-Ky.) and Senate Republican Conference Chairman Rick Santorum of Pennsylvania were also vital members of this winning team, working with their colleagues to make sure the bill would come up for a vote before Congress left for its August recess.
They don't mention the child lock amendment, so I don't know if they counted that as an "anti-gun" vote, or just a necessary part of getting a filibuster-proof majority to support this bill. Santorum, as a leader, would have been expected to support deals that would have brought the necessary senators to vote yes on the final vote, allowing other more at-risk senators to vote no and maintain a more "pure" voting record.
Anyway, that's the history of this amendment, which again is not the vote that was linked to in your previous post that I complained about.