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Loopholes in Davis Amendment for Gun Safety LocksRep. Tom Davis (R-VA) has introduced an amendment to the House leadership's gun bill (H.R. 2122) which supposedly requires that dealers include child safety devices with every new handgun they sell. This amendment is similar to a provision passed last month by the Senate. Several loopholes in the language undermine this intent so completely, however, that the proposal offers little more than sham safety. The Rules Committee did not allow debate on several safety lock amendments which would have removed these loopholes and provided stronger legislation.
The Davis Amendment contains no quality standards for safety devices. Without such standards, dealers could comply by offering junk locks. Many gun locks on the market today are so weak they are virtually useless. One of the most popular trigger locks can be smashed with one moderate blow from a hammer. Other devices can easily be sliced apart, and some are far too complicated to be practical. When Connecticut passed a similar law without standards several years ago, most dealers supplied flimsy plastic devices they called "legality locks." Just as Congress and regulators set standards for child-resistant medicine bottles and bicycle helmets, minimum quality standards are necessary if gun safety locks are to be effective.
The Davis Amendment would also shield anyone who uses one of these loosely-defined "safety devices" from civil liability. This immunity is very broad and would apply not only to adults keeping handguns in their homes, but also to gun dealers and even manufacturers. Under the bill, any person who uses a "safety device" would be protected from suits for damages resulting from the criminal or unlawful use of the handgun. The waiver could undermine the ability of cities and victims to take the gun industry to court.
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