S. 397 (109th): Protection of Lawful Commerce in Arms Act

This was a vote to pass S. 397 (109th) in the Senate.

The Protection of Lawful Commerce in Arms Act (PLCAA) is a United States law which protects firearms manufacturers and dealers from being held liable when crimes have been committed with their products. However, both manufacturers and dealers can still be held liable for damages resulting from defective products, breach of contract, criminal misconduct, and other actions for which they are directly responsible in much the same manner that any U.S.-based manufacturer of consumer products is held responsible. They may also be held liable for negligent entrustment when they have reason to know a gun is intended for use in a crime.

The PLCAA is codified at 15 U.S.C. §§ 7901-7903.

This summary is from Wikipedia.

Vote Outcome

Bill Passed. Simple Majority Required. Source: senate.gov.

The Yea votes represented 57% of the country’s population by apportioning each state’s population to its voting senators.

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Vote Details

Sen. Harry Reid (D), the Senate Majority Leader, voted Yea against his party.

Somtimes a party leader will vote on the winning side, even if it is against his or her position, to have the right to call for a new vote under a motion to reconsider. For more, see this explanation from The Washington Post.

We do not know the rationale behind any vote, however.

“Aye” and “Yea” mean the same thing, and so do “No” and “Nay”. Congress uses different words in different sorts of votes.

The U.S. Constitution says that bills should be decided on by the “yeas and nays” (Article I, Section 7). Congress takes this literally and uses “yea” and “nay” when voting on the final passage of bills.

All Senate votes use these words. But the House of Representatives uses “Aye” and “No” in other sorts of votes.

Download as CSV North Dakota None" voter_group_2="Democrat" > North Dakota None" voter_group_2="Democrat" >
Vote State Party Representative Score
Yea MT D Baucus, Max 0.445362771358
Yea WV D Byrd, Robert 0.466555361253
Yea ND D Conrad, Kent 0.448165242521
Yea ND D Dorgan, Byron 0.406543636983
Yea SD D Johnson, Tim 0.261556038583
Yea WI D Kohl, Herb 0.325973070291
Yea LA D Landrieu, Mary 0.346452584355
Yea AR D Lincoln, Blanche 0.438439567863
Yea NE D Nelson, Ben 0.591733724876
Yea FL D Nelson, Bill 0.514563507511
Yea AR D Pryor, Mark 0.474309688975
Yea NV D Reid, Harry * 0.299933938473
Yea WV D Rockefeller, Jay 0.243341230337
Yea CO D Salazar, Ken 0.487181482095
Yea PA R Specter, Arlen 0.463876704063
Yea VT I Jeffords, Jim 0.216669703927
Yea TN R Alexander, Lamar 0.913425621791
Yea CO R Allard, Wayne 0.948154694731
Yea VA R Allen, George 0.845019035477
Yea UT R Bennett, Robert 0.729219400708
Yea MO R Bond, Kit 0.712346396918
Yea KS R Brownback, Sam 0.734758211845
Yea KY R Bunning, Jim 0.929549408118
Yea MT R Burns, Conrad 0.897976369836
Yea NC R Burr, Richard 0.914627674801
Yea GA R Chambliss, Saxby 1.0
Yea OK R Coburn, Thomas 0.826158289399
Yea MS R Cochran, Thad 0.712214195333
Yea MN R Coleman, Norm 0.665714033607
Yea ME R Collins, Susan 0.377162035827
Yea TX R Cornyn, John 0.957644922986
Yea ID R Craig, Larry 0.862386729897
Yea ID R Crapo, Mike 0.876954098591
Yea SC R DeMint, Jim 0.921379181198
Yea NC R Dole, Elizabeth 0.866751282646
Yea NM R Domenici, Pete 0.699098955138
Yea NV R Ensign, John 0.834950690632
Yea WY R Enzi, Michael 0.872609289901
Yea TN R Frist, Bill 0.757433258098
Yea SC R Graham, Lindsey 0.81739146506
Yea IA R Grassley, Chuck 0.685748800914
Yea NH R Gregg, Judd 0.624168538287
Yea NE R Hagel, Chuck 0.768954494553
Yea UT R Hatch, Orrin 0.698115149268
Yea TX R Hutchison, Kay 0.720094609352
Yea OK R Inhofe, Jim 0.998224308095
Yea GA R Isakson, John 0.809640874162
Yea AZ R Kyl, Jon 0.881159433268
Yea MS R Lott, Trent 0.92532920259
Yea IN R Lugar, Richard 0.625569937547
Yea FL R Martinez, Mel 0.859575905082
Yea AZ R McCain, John 0.545811091597
Yea KY R McConnell, Mitch 0.792876164273
Yea AK R Murkowski, Lisa 0.788184566307
Yea PA R Santorum, Rick 0.887546479754
Yea AL R Sessions, Jeff 0.928478748242
Yea AL R Shelby, Richard 0.73444348436
Yea ME R Snowe, Olympia 0.373845809764
Yea AK R Stevens, Ted 0.802768490286
Yea MO R Talent, Jim 0.837046322574
Yea WY R Thomas, Craig 0.809640874162
Yea SD R Thune, John 0.887335016428
Yea LA R Vitter, David 0.950583138451
Yea OH R Voinovich, George 0.685718456524
Yea VA R Warner, John 0.611367870765
Nay HI D Akaka, Daniel 0.238614499357
Nay IN D Bayh, Evan 0.430612920167
Nay DE D Biden, Joseph 0.359790130023
Nay NM D Bingaman, Jeff 0.250318639237
Nay CA D Boxer, Barbara 0.101386076077
Nay WA D Cantwell, Maria 0.16051648502
Nay DE D Carper, Thomas 0.246829934787
Nay NY D Clinton, Hillary 0.00201506288295
Nay NJ D Corzine, Jon 0.0
Nay MN D Dayton, Mark 0.112670763496
Nay CT D Dodd, Christopher 0.171201174673
Nay IL D Durbin, Richard 0.0322449252526
Nay WI D Feingold, Russell 0.22693379131
Nay IA D Harkin, Tom 0.280048098682
Nay HI D Inouye, Daniel 0.301315075984
Nay MA D Kennedy, Ted 0.127051916939
Nay MA D Kerry, John 0.0644930646602
Nay NJ D Lautenberg, Frank 0.0505036807347
Nay VT D Leahy, Patrick 0.132544613085
Nay MI D Levin, Carl 0.137565469221
Nay CT D Lieberman, Joseph 0.2414886683
Nay MD D Mikulski, Barbara 0.130560529947
Nay WA D Murray, Patty 0.0247013376826
Nay IL D Obama, Barack 0.329710375254
Nay RI D Reed, Jack 0.128910248928
Nay MD D Sarbanes, Paul 0.136198355895
Nay NY D Schumer, Chuck 0.0516331238114
Nay MI D Stabenow, Debbie 0.205875454813
Nay OR D Wyden, Ron 0.356912658703
Nay RI R Chafee, Lincoln 0.337498851006
Nay OH R DeWine, Mike 0.624416509904
No Vote CA D Feinstein, Dianne 0.269695108658
No Vote KS R Roberts, Pat 0.819710013875
No Vote OR R Smith, Gordon 0.538538101553
No Vote NH R Sununu, John 0.708147378593

Statistically Notable Votes

Statistically notable votes are the votes that are most surprising, or least predictable, given how other members of each voter’s party voted and other factors.

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Study Guide

How well do you understand this vote? Use this study guide to find out.

You can find answers to most of the questions below here on the vote page. For a guide to understanding the bill this vote was about, see here.

What was the procedure for this vote?

  1. What was this vote on?

Not all votes are meant to pass legislation. In the Senate some votes are not about legislation at all, since the Senate must vote to confirm presidential nominations to certain federal positions.

This vote is related to a bill. However, that doesn’t necessarily tell you what it is about. Congress makes many decisions in the process of passing legislation, such as on the procedures for debating the bill, whether to change the bill before voting on passage, and even whether to vote on passage at all.

You can learn more about the various motions used in Congress at EveryCRSReport.com. If you aren’t sure what the Senate was voting on, try seeing if it’s on this list.

Take a look at where this bill is in the legislative process. What might come next? Keep in mind what this specific vote was on, and the context of the bill. Will there be amendments? Will the other chamber of Congress vote on it, or let it die?

For this question it may help to briefly examine the bill itself.

What is your analysis of this vote?

  1. What trends do you see in this vote?

Members of Congress side together for many reasons beside being in the same political party, especially so for less prominent legislation or legislation specific to a certain region. What might have determined how the roll call came out in this case? Does it look like Members of Congress voted based on party, geography, or some other reason?

There are two votes here that should be more important to you than all the others. These are the votes cast by your senators, which are meant to represent you and your community. Do you agree with how your senators voted? Why do you think they voted the way they did?

If you don’t already know who your Members of Congress are you can find them by entering your address here.

GovTrack displays the percentage of the United States population represented by the yeas on some Senate votes just under the vote totals. We do this to highlight how the people of the United States are represented in the Senate. Since each state has two senators, but state populations vary significantly, the individuals living in each state have different Senate representation. For example, California’s population of near 40 million is given the same number of senators as Wyoming’s population of about 600,000.

Do the senators who voted yea represent a majority of the people of the United States? Does it matter?

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