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Senate to Vote on Shielding Gun Makers
NY TIMES ^ | February 24, 2004 | SHERYL GAY STOLBERG

Posted on 02/23/2004 9:54:05 PM PST by neverdem

WASHINGTON, Feb. 23 — Backers of a bipartisan bill that would shield firearms dealers and manufacturers from lawsuits are pushing for a vote this week in the Senate, injecting the volatile issue of gun control into this year's presidential and Congressional elections.

The bill, which would grant legal immunity to gun makers and dealers so long as they did not sell defective weapons or violate any law, has the support of the White House and 55 sponsors in the Senate, including the Democratic and Republican leaders. It has already passed the House and could come up for consideration in the Senate as early as Wednesday.

"The American people are on the side of what we're doing," said Senator Larry E. Craig, Republican of Idaho, the bill's chief sponsor. He said he had the 60 votes needed for passage, adding, "When the dust settles in the Senate, you will have a substantial number of Democrats voting for this."

But the dust may take time to settle, because other senators are pushing to tack two other gun-related measures onto the bill — a move that could complicate its chances for passage. Some opponents, meanwhile, led by Senator Jack Reed, Democrat of Rhode Island, are vowing a filibuster.

"Things are very fluid," said Tony Orza, chief lobbyist for the Brady Campaign to Prevent Gun Violence, an advocacy group. "We're looking to a fierce fight."

The two other gun measures also have bipartisan backing, and President Bush favors both. But their fate in the Senate is unclear. The first, sponsored by Senators Dianne Feinstein, Democrat of California, and John W. Warner, Republican of Virginia, would renew the assault weapons ban, a 1994 law that bans 19 types of semiautomatic weapons, for another 10 years.

The second, backed by Senator Reed and Senator John McCain, Republican of Arizona, would close the so-called gun-show loophole by requiring unlicensed gun dealers to conduct instant background checks on customers at gun shows.

Attaching those measures to the immunity bill would create a kind of legislative Catch-22: Will backers of the weapons ban and gun-show checks vote for immunity to get the other two measures passed? Will immunity backers vote for the bill if it includes the other two measures?

"It's a tricky situation," Senator Feinstein said. Of the immunity bill, she said, "I'd really like to just oppose it."

Among those in an especially tricky spot is Senator Tom Daschle, the Democratic leader. He is facing a tough re-election campaign in South Dakota, a rural state where his constituents strongly favor gun owners' rights. He has come out strongly in favor of immunity.

But some of Mr. Daschle's fellow Democrats, including Mrs. Feinstein, have been pressing him to support extending the assault weapons ban and closing the gun-show loophole. On Monday, after days of insisting through a spokesman that he was undecided, Mr. Daschle issued a statement saying that he would support both the ban and the background checks at gun shows.

Since 1998, 33 municipalities and one state, New York, have filed suits against gun makers accusing them of being responsible for criminal shootings. So far, the plaintiffs have not won any cases. But the manufacturers say they need legal immunity because even one large jury award could put them out of business.

Opponents of immunity, including mayors and city police chiefs, say the threat of legal action forces manufacturers to make guns safer. They say the bill would result in the dismissal of valid civil suits, including one by families of the victims of the sniper attacks in the Washington area.

"The only reason gun manufacturers are attempting to make guns safer or develop systems like childproof locks is in response to the significant liability issue," said William J. Bratton, the Los Angeles police chief. "They're not doing it out of the goodness of their heart."

Yet even some opponents of the measure say it is likely to pass.

"Immunity is moving," said one advocate of gun control, who spoke on the condition of anonymity so as not to appear to be publicly conceding defeat. "We would love to see it go down, but we're pragmatists."

The debate will inevitably put a spotlight on gun control in the presidential race. Unlike Mr. Bush, the two leading Democratic contenders, Senators John Edwards and John Kerry, oppose immunity. But the three appear to agree on the other issues.

A spokeswoman for the White House, Claire Buchan, said the president favored a 10-year extension of the assault weapons ban, and supported "changing federal law to give gun show sponsors special access" to a computer database to conduct background checks. That puts Mr. Bush at odds with some of his fellow Republicans, including Mr. Craig, and the National Rifle Association.

The issue also puts Democrats in a tough spot. Their liberal base tends to support tight restrictions on gun ownership. But surveys show that a majority of union members, also a core Democratic constituency, are also gun owners.

Many Democrats have not forgotten that 1994, the year the assault weapons ban passed, was also the year they lost control of the House of Representatives. Tom Foley of Washington, then the speaker of the House, lost his race that year after the National Rifle Association ran an advertising campaign against him.

"There are Democrats all over America cringing because they don't want to go down that path again," said Wayne LaPierre, chief executive of the rifle association. "They know it's a political dead end."

This year, some Democrats, including Senators Kerry and Edwards, are adopting what Americans for Gun Safety, a gun control advocacy group, is calling a "rights and responsibilities" strategy. Mr. Kerry has made a point of telling reporters that he has been a hunter since he was 12. Mr. Edwards emphasizes his upbringing in the rural South.


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; Politics/Elections; US: District of Columbia; War on Terror
KEYWORDS: bang; banglist; firearms; guncontrol; gunprohibtion; lawandlegislation; secondamendment; senate
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1 posted on 02/23/2004 9:54:06 PM PST by neverdem
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To: fourdeuce82d; Travis McGee; Joe Brower
BANG
2 posted on 02/23/2004 9:56:10 PM PST by neverdem (Xin loi min oi)
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To: neverdem
...Senator Jack Reed, Democrat of Rhode Island, are vowing a filibuster.

Is he related to the Author of "Ten Days that Shook the World".

3 posted on 02/23/2004 10:00:59 PM PST by Paleo Conservative (Do not remove this tag under penalty of law.)
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To: neverdem
Notice how the NYT acts as if DAshole is the leader rather than Frist.

If Dashle supports those amendments that would explain his two faced sudden "nice" things towards Bush. I smell a rat. literally.

Bush has enough problems with immigration, he does not need to add the AWB sunset.

Someone needs to remind Bush of the three "G"'s.
4 posted on 02/23/2004 10:11:21 PM PST by longtermmemmory (Vote!)
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To: *bang_list; neverdem

BANG!

If the 'rats tack on an AWB extension, the 'rats plus enough RINOs pass it, and Bush signs it, he's finished. He will lose his reelection just like his daddy.

5 posted on 02/23/2004 10:12:24 PM PST by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: Travis McGee
If the 'rats tack on an AWB extension, the 'rats plus enough RINOs pass it, and Bush signs it, he's finished.

I don't think so. Bush will still be recognized and touted as the "lesser of two evils" and all the people he screwed will still vote for him because they don't want to "throw their votes away" or "elect a Democrat". It's a winning situation for the Democrats to vote for protecting gun manufacturers if they can get an AWB extension since they lose nothing (the Courts are going to put a stop to it anyway) and they get their gun control law passed again with the (usual) help of the Republicans. It's also a winner for the Republicans since they can brag about protecting gun manufacturers. Similar situation to the '86 machine gun ban Reagan signed.

6 posted on 02/23/2004 10:25:34 PM PST by templar
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To: Travis McGee
If the 'rats tack on an AWB extension, the 'rats plus enough RINOs pass it, and Bush signs it, he's finished. He will lose his reelection just like his daddy.

If September 11, 2001 didn't happen, I would definitely agree. Since it did, his prospects are better. I'm resolved to holding my nose one more time and voting for the pubbie only because the rat must be thwarted this time.

Any donations go to folks who believe in the Constitution.

7 posted on 02/23/2004 10:35:54 PM PST by neverdem (Xin loi min oi)
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To: longtermmemmory
If Dashle supports those amendments that would explain his two faced sudden "nice" things towards Bush. I smell a rat. literally.

LOL

8 posted on 02/23/2004 10:45:48 PM PST by neverdem (Xin loi min oi)
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To: Travis McGee
I agree, it would amount to a tremendous slap in the face to RKBA supporters. Daschle is scared stiff to appear in any way shape or form to be against gun-owners, so the liability protection will pass, but if Bush signs the AWB extension, Daschle will have cover on that issue, cover he certainly doesn't deserve.
9 posted on 02/23/2004 11:35:06 PM PST by SoDak
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To: neverdem; templar
In a razor-thin race, where the 'rats are super-motivated and the conservative base is blase, Bush can lose. Even a few tens of thousands of conservatives (disaffected over illegal alien hispandering and an AWB extension) who decide to stay home can give the race to the 'rats. Think of how close FL and NM were, repeat that in a half dozen states, and pull out 5,000 votes from the conservative base, and Bush is a one-termer.
10 posted on 02/23/2004 11:45:08 PM PST by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: Travis McGee
Well Travis, I personally think he's in for a big surprise over Jobs for Americans and Legal/Illegal imported cheap labor. This would just make the coffin airtight.
11 posted on 02/24/2004 12:18:22 AM PST by ETERNAL WARMING (SHUT THE DOOR IN 2004!)
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To: Travis McGee
Even a few tens of thousands of conservatives (disaffected over illegal alien hispandering and an AWB extension) who decide to stay home can give the race to the 'rats. Think of how close FL and NM were,

More than a few states were decided by "chump change".

IIRC, Nader effected the electoral college results in New Hampshire and Florida against Gore, and in a similar manner the votes for Buchanan took electoral college votes away from Bush in four states including New Mexico.

12 posted on 02/24/2004 12:46:40 AM PST by neverdem (Xin loi min oi)
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To: ETERNAL WARMING
If the AWB is renewed with a Republican President, Congress and Senate, screw them all! I am not kidding.

My patience is over with all these politicians. Not a damned one of them is worth @#$#%.
13 posted on 02/24/2004 12:47:51 AM PST by Dogbert41
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To: AAABEST; wku man; SLB; Travis McGee; Squantos; harpseal; Shooter 2.5; The Old Hoosier; xrp; ...

14 posted on 02/24/2004 5:14:20 AM PST by Joe Brower (The Constitution defines Conservatism.)
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To: Travis McGee
If the 'rats tack on an AWB extension, the 'rats plus enough RINOs pass it, and Bush signs it, he's finished.

I suspect you're right. We need to make it clear now what the consequences of those actions will be. If we adopt a "wait and see" attitude, it will soon be too late.

15 posted on 02/24/2004 5:22:19 AM PST by NittanyLion
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To: Travis McGee
"If the 'rats tack on an AWB extension, the 'rats plus enough RINOs pass it, and Bush signs it, he's finished." He will lose his reelection just like his daddy.
Ditto, never again will I hold my nose and vote. The lesser of two evils is still evil.
Also, I'm not getting any younger, I'll vote for the democrat just to get the show on the road. It'll soon be time to water the tree.
16 posted on 02/24/2004 5:29:18 AM PST by reloader (Shooting- The only sport endorsed by the Founding Fathers.)
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To: templar
This (AWB rider) had better be stopped in the Senate. I think that the White House is counting on the House of Reps. to act as their firewall - i.e. AWB never passes the House or gets out of conference. A risky strategy, it now appears.

THe W.H. (Rove) has been too clever by half. By saying (wink,wink) that he's sign an AWB extention if it got to his desk GWB has missed this strategy by the Dem's and RINO's. He may soon rue the day he didn't take a clear stand against the AWB.
17 posted on 02/24/2004 5:33:06 AM PST by G L Tirebiter
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To: Travis McGee
I agree. Bush needs to take a stand. I know he's pro-gun...he ran on this platform in Texas.

What I don't understand is why he would pander to people who ARE NOT going to vote for him anyway. If he signs this with riders, it's over.
18 posted on 02/24/2004 5:49:35 AM PST by I got the rope
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To: reloader
A lot of us aren't getting any younger. One more generation of the drift to serfdom and there will be noone left who remembers when the BOR wasn't just pretty words on paper...like the Soviet constitution.
19 posted on 02/24/2004 6:35:33 AM PST by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: templar
"...the Courts are going to put a stop to it anyway..."

Remember when everyone counted on SCOTUS to kill Campaign Finance Reform? Exactly why would you rely on the courts to do anything in our favor?

20 posted on 02/24/2004 6:58:29 AM PST by Badray (Make sure that the socialist in the White House has to fight a conservative Congress.)
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