[House Report 109-248]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    109-248

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PROVIDING FOR CONSIDERATION OF S. 397, PROTECTION OF LAWFUL COMMERCE IN 
                                ARMS ACT

                                _______
                                

  October 17, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. Gingrey, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 493]

    The Committee on Rules, having had under consideration 
House Resolution 493, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of S. 397, 
the Protection of Lawful Commerce in Arms Act, under a closed 
rule. The rule provides one hour of debate in the House equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on the Judiciary. The rule waives all 
points of order against consideration of the bill. Finally, the 
rule provides one motion to recommit.

           EXPLANATION OF WAIVERS PROVIDED BY THE RESOLUTION

    The Committee is not aware of any points of order against 
consideration of the resolution. The waiver of all points of 
order against consideration of the resolution is prophylactic 
in nature.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 129

    Date: October 17, 2005.
    Measure: S. 397, Protection of Lawful Commerce in Arms Act.
    Motion by: Mrs. Slaughter.
    Summary of motion: To amend the rule to make in order and 
provide the appropriate waivers for the amendment by 
Representative McCarthy which permits lawsuits until the states 
have provided to the Attorney General at least 90% of records 
needed to conduct a criminal background check that determines 
if a prospective buyer is qualified to possess a firearm under 
current law.
    Results: Defeated 3 to 8.
    Vote by Members: Hastings (WA)--Nay; Sessions--Nay; 
Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--Nay; 
Slaughter--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 130

    Date: October 17, 2005.
    Measure: S. 397, Protection of Lawful Commerce in Arms Act.
    Motion by: Mrs. Slaughter.
    Summary of motion: To amend the rule to make in order and 
provide the appropriate waivers for the amendment by 
Representative McCarthy which expands the definition of armor 
piercing ammunition that is capable of penetrating body armor.
    Results: Defeated 3 to 8.
    Vote by Members: Hastings (WA)--Nay; Sessions--Nay; 
Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--Nay; 
Slaughter--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 131

    Date: October 17, 2005.
    Measure: S. 397, Protection of Lawful Commerce in Arms Act.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To amend the rule to make in order and 
provide the appropriate waivers for the amendment by 
Representative Lofgren which allows law enforcement officers to 
bring civil lawsuits in case of gun violence, by excluding 
suits by law enforcement officers from the definition of 
qualified civil liability action in section 4(5)(A).
    Results: Defeated 3 to 8.
    Vote by Members: Hastings (WA)--Nay; Sessions--Nay; 
Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--Nay; 
Slaughter--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committee record vote No. 132

    Date: October 17, 2005.
    Measure: S. 397, Protection of Lawful Commerce in Arms Act.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To amend the rule to make in order and 
provide the appropriate waivers for the amendment by 
Representative Van Hollen which updates the NICS system so that 
suspected or known terrorists would be prohibited from 
purchasing or possessing a firearm. In order to safeguard 
potential due process concerns, establishes a process whereby 
any individual incorrectly included on the list may arrange to 
have his or her name removed.
    Results: Defeated 3 to 8.
    Vote by Members: Hastings (WA)--Nay; Sessions--Nay; 
Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--Nay; 
Slaughter--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

Rules Committe record vote No. 133

    Date: October 17, 2005.
    Measure: S. 397, Protection of Lawful Commerce in Arms Act.
    Motion by: Mrs. Matsui.
    Summary of motion: To amend the rule to make in order and 
provide the appropriate waivers for the amendment by 
Representative Linda Sanchez of California which allows the 
victims of domestic violence to sue gun dealers for illegal 
firearm sales to persons with domestic violence convictions.
    Results: Defeated 3 to 8.
    Vote by Members: Hastings (WA)--Nay; Sessions--Nay; 
Putnam--Nay; Capito--Nay; Cole--Nay; Bishop--Nay; Gingrey--Nay; 
Slaughter--Yea; Hastings (FL)--Yea; Matsui--Yea; Dreier--Nay.

                                  
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