President Bush has signed the law that keeps local government, or any others, from taking our protection away when we need it most. An attaboy is proper.

On September 29, 2006, Vote No. 511, on HB 4772, Protection of Private Property Rights, was held in the US House of Representatives. This legislation is essentially the same as HR 5013, below. It protects law-abiding citizens from seizure of their firearms during times of emergency. The bill passed Yea - 231; Nay - 181; Not Voting - 20. Of the Indiana delegation, Representatives Carson and Visclosky voted Nay while Representative Burton did not vote.

On July 25, 2006, Vote No. 401, HR 5013, to prohibit taking of firearms from law-abiding citizens during a time of declared emergency such as occured in New Orleans. The vote was Yea - 322; Nay - 99. All Indiana reprersentatives voted yea except Representative Carson who did not vote.

On July 13, 2006, Vote No. 00202, Amdt 4165, to The Homeland Security Appropriations Bill was held in the Senate. Know as the Vitters amendment, it prohibited any funds appropriated in the bill from being used to seize firearms from law abiding citizens during time of emergency as was done in New Orleans. The amendment passed Yea - 84; Nay - 16.

Lugar - Yea
Bayh - Yea
Kerry - Yea
Clinton - Nay
Kennedy - Nay

Senate Bill 397 was done again this session. Old Sarge promised a listing of the votes and an analysis. Listing is here; analysis is difficult! Senator Lugar has not been a real friend of we gun owners, although he will tell us otherwise in his responses to our letters. I submit, however, that Senator Bayh, exhibited by his voting record, is a detractor.

So, here we will find how SB 397 progressed, how our Senators voted with comments by Old Sarge.

The Bill is called "Protection of Lawful Commerce in Firearms"

On July 29, 2005, Vote No. 00219, was held on final passage of SB 397. The Bill passed Yea - 65; Nay - 31; Not Voting - 4

Lugar - Yea
Bayh - Nay
Clinton - Nay
Kennedy - Nay
Kerry - Nay

On 26 July, 2005, there came a cloture vote so that the bill could come before the whole Senate. From the perspective of gun owners, a Yea is good; a nay is bad: Votes were as follows - Yea 66; Nay 32; not voting 2

Lugar - Yea
Bayh - Nay
Clinton - Nay
Kennedy - Nay
Kerry - Nay

On 28 July, 2005, there came a vote requiring that all handguns transferred have with them a "child lock." This was not a "poison pill." Even though it will increase the cost of handguns sold, how can a politician vote against an amendment having "children" in its title? Yea 70; Nay 30. Votes follow:

Lugar - Yea
Bayh - Yea
Clinton - Yea
Kennedy - Yea
Kerry - Yea

HERE COME A BIGGY this was and is a "poison pill"

A Levin amendment would clarify civil liability: The amendment would nullify the bill. There came a vote to table. From the perspective of gun owners, a Yea vote is good; a Nay vote is bad. Votes follow:

Motion to Table Levin Amendment:
Passed 62 - Yea; 37 - Nay; 1 not voting

Lugar - Nay
Bayh - Nay
Clinton - Nay
Kennedy - Nay
Kerry - Nay

An Amendment to preserve the rights of children to proceed against those who unlawfully arm criminals. Passed 72 - Yea; 26- Nay; Not voting - 2

Lugar - Yea
Bayh - Yea
Clinton - Nay
Kennedy - Nay
Kerry - Nay

An amendment to allow children to sue no matter what the bill says. Failed: 64 - Nay; Yea - 35; Not Voting - 1 [Nay vote good; Aye vote bad.] Votes follow:

Lugar - Nay
Bayh - Yea
Clinton - Yea
Kennedy - Yea
Kerry - yea

An Amendment to regulate and define the punishment for possession or use of armor defeating ammunition with a real definition of what is armor defeating ammo Passed: 87 - Yea; 11 - Nay; Not Voting - 2

Lugar - Yea
Bayh - Yea
Clinton- - Yea
Kerry - Yea
Kennedy - Nay

An Amendment to the definition of armor defeating ammunition presented by Senator Kennedy. {This would do away with many hunting rounds} Failed. Nay - 64; Yea - 31; Not Voting - 5 [ Nay is good; Yea is bad] Votes:

Lugar - Nay
Bayh - Yea
Clinton - Yea
Kerry - Yea
Kennedy - Yea

An Amendment to replace the whole Bill with one by Senator Read. Failed: Nay - 63; Yea - 33; Not voting - 4 [Nay is good; Yea is bad] Votes:

Lugar - Nay
Bayh - Yea
Clinton - Yea
Kennedy - Yea
Kerry - yea

On Passage of the Bill to protect those who violate no laws : Senate Bill 397, Protection of Lawful Commerce in Arms; Passed: 65- Yea; 31-Nay; 4 - Not Voting

Lugar - Yea
Bayh - Nay
Clinton - Nay
Kerry - Nay
Kennedy - Nay

On October 20, 2005, S 397 passed in the US House of Representatives, 283-144. The vote breakdown should be of interest to gunowners and those who will seek election or re-election.

Republicans Voting Yea = 223
Democrats Voting Yea = 59
Independents Voting Yea = 1

Republicans Voting Nay = 4
Representative Shays - Connecticut 4th
Representative Kirk - Illinois 10th
Representative Castle - Deleware at large
Representative Paul - Texas 14th

Democrats Voting Nay = 140

Republicans Not Voting = 3
Democrats Not Voting = 3

Indiana Representatives Voting Nay:
Representative Carson - Indiana 7th
Representative Visclosky - Indiana First

A major tool of those who wish to do in the courts what they cannot do at the ballot box has been removed. Those of us in Indiana should express our appreciation to our representatives who supported this effort and express our concern to those who did not. Letters are better than e-mail; e-mail is better than nothing.