49–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–248 

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. 

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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. 

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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 Sa ́nchez 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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