Replies

Dead Corpse wrote:
You and cc2k work for Boxers office or something?

No, but I do think it's wrong to lie about someones position. It's especially bad to lie about someones position if you disagree with them. It doesn't help your credibility at all when the opposition points out that you aren't telling the truth about them.

Here's the text of the actual amendment:

TITLE II--CHILD SAFETY LOCKS

   SEC. 201. SHORT TITLE.

    This title may be cited as the ``Child Safety Lock Act 
of 2004''.

   SEC. 202. PURPOSES.

    The purposes of this title 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.

   SEC. 203. FIREARMS SAFETY.

    (a) UNLAWFUL ACTS.--

    (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.''.

    (b) CIVIL PENALTIES.--Section 924 of title 18, United 
States Code, is amended--

    (1) in subsection (a)(1), by striking ``or (f)'' and 
inserting ``(f), or (p)''; and

    (2) 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.''.

    (c) LIABILITY; EVIDENCE.--

    (1) LIABILITY.--Nothing in this title shall be construed 
to--

    (A) create a cause of action against any Federal 
firearms licensee or any other person for any civil 
liability; or

[Page: S1621]  GPO's PDF

    (B) establish any standard of care.

    (2) EVIDENCE.--Notwithstanding any other provision of 
law, evidence regarding compliance or noncompliance with the 
amendments made by this title 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 section.

    (3) RULE OF CONSTRUCTION.--Nothing in this subsection 
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.

   SEC. 204. EFFECTIVE DATE.

    This title and the amendments made by this title shall 
take effect 180 days after the date of enactment of this 
Act.

You, Dead Corpse, said that this amendment provide for a $2500 find and loss of gun ownership rights if someone's gun is stolen and it isn't locked at the time. Funny, I don't see that in the amendment that passed. You also said you heard Senator Boxer say this on the Senate floor. I watched all of the debate on this amendment on C-SPAN 2 yesterday, and I didn't see Senator boxer say thoste things. Now, I've also read the congressional record from yesterday, and it doesn't contain any record of Senator Boxer saying the things you attribute to her.

Dead Corpse wrote:
Get it straight guys. Are we on the same side on this one?

You were the one advocating that everyone should call their senators and stop HR1805 based on things that weren't in the amendment. Are you trying to ruin the credibility of all Freepers who might follow your advice and call or fax their Senators?