II

106TH CONGRESS

1ST SESSION S. 1101

To provide for tort liability of firearms dealers who transfer firearms in

violation of Federal firearms law.

IN THE SENATE OF THE UNITED STATES

MAY 20, 1999

Mr. REED introduced the following bill; which was read twice and referred to

the Committee on the Judiciary

A BILL

To provide for tort liability of firearms dealers who transfer

firearms in violation of Federal firearms law.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Gun Dealer Responsi5 bility Act of 1999’’.

6 SEC. 2. DEFINITIONS.

7 In this Act:

8 (1) DEALER.—The term ‘‘dealer’’ has the

9 meaning given such term in section 921(a)(11) of

10 title 18, United States Code.
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1 (2) FIREARM.—The term ‘‘firearm’’ has the

2 meaning given such term in section 921(a)(3) of

3 title 18, United States Code.

4 (3) LAW ENFORCEMENT OFFICER.—The term

5 ‘‘law enforcement officer’’ means any officer, agent,

6 or employee of the United States, or of a State or

7 political subdivision thereof, who is authorized by

8 law to engage in or supervise the prevention, detec9 tion, investigation, or prosecution of any violation of

10 law.

11 SEC. 3. CAUSE OF ACTION; FEDERAL JURISDICTION.

12 Any person suffering bodily injury as a result of the

13 discharge of a firearm (or, in the case of a person who

14 is incapacitated or deceased, any person entitled to bring

15 an action on behalf of that person or the estate of that

16 person) may bring an action in any United States district

17 court against any dealer who transferred the firearm to

18 any person in violation of chapter 44 of title 18, United

19 States Code, for damages and such other relief as the

20 court deems appropriate. In any action under this section,

21 the court shall allow a prevailing plaintiff a reasonable at22 torney’s fee as part of the costs.

23 SEC. 4. LIABILITY.

24 (a) IN GENERAL.—Except as provided in subsection

25 (b) of this section, the defendant in an action brought
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1 under section 3 shall be held liable in tort, without regard

2 to fault or proof of defect, for all direct and consequential

3 damages that arise from bodily injury or death proxi4 mately resulting from the illegal sale of a firearm if it is

5 established by a preponderance of the evidence that the

6 defendant transferred the firearm to any person in viola7 tion of chapter 44 of title 18, United States Code.

8 (b) DEFENSES.—

9 (1) INJURY WHILE COMMITTING A FELONY.—

10 There shall be no liability under subsection (a) if it

11 is established by a preponderance of the evidence

12 that the plaintiff suffered the injury while commit13 ting a crime punishable by imprisonment for a term

14 exceeding 1 year.

15 (2) INJURY BY LAW ENFORCEMENT OFFICER.—

16 There shall be no liability under subsection (a) if it

17 is established by a preponderance of the evidence

18 that the injury was suffered as a result of the dis19 charge, by a law enforcement officer in the perform20 ance of official duties, of a firearm issued by the

21 United States (or any department or agency thereof)

22 or any State (or department, agency, or political

23 subdivision thereof).
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1 SEC. 5. NO EFFECT ON OTHER CAUSES OF ACTION.

2 This Act shall not be construed to limit the scope of

3 any other cause of action available to a person injured as

4 a result of the discharge of a firearm.

5 SEC. 6. APPLICABILITY.

6 This Act applies to any—

7 (1) firearm transferred before, on, or after the

8 date of enactment of this Act; and

9 (2) bodily injury or death occurring after such

10 date of enactment.

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