I

103D CONGRESS

2D SESSION H. R. 4903

To expand the powers of the Secretary of the Treasury and the Bureau

of Alcohol, Tobacco and Firearms to regulate the manufacture, distribution, and sale of firearms and ammunition, and to expand the jurisdiction

of the Bureau to include firearm products and non-powder firearms.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1994

Mr. OWENS introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To expand the powers of the Secretary of the Treasury

and the Bureau of Alcohol, Tobacco and Firearms to

regulate the manufacture, distribution, and sale of firearms and ammunition, and to expand the jurisdiction

of the Bureau to include firearm products and nonpowder firearms.

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; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Firearms Safety and Violence Prevention Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purposes.

TITLE I—REGULATION OF FIREARM PRODUCTS

Sec. 101. Regulatory authority.

Sec. 102. Orders; inspections.

TITLE II—PROHIBITIONS

Sec. 201. Prohibitions.

Sec. 202. Inapplicability to governmental authorities.

TITLE III—ENFORCEMENT

SUBTITLE A—CIVIL ENFORCEMENT

Sec. 301. Civil penalties.

Sec. 302. Injunctive enforcement and seizure.

Sec. 303. Imminently hazardous firearms.

Sec. 304. Private cause of action.

Sec. 305. Private enforcement of this Act.

Sec. 306. Effect on private remedies.

SUBTITLE B—CRIMINAL ENFORCEMENT

Sec. 351. Criminal penalties.

TITLE IV—ADMINISTRATIVE PROVISIONS

Sec. 401. Firearms violence information and research.

Sec. 402. Annual reports to the Congress.

TITLE V—RELATIONSHIP TO OTHER LAW

Sec. 501. Subordination to the Arms Export Control Act.

Sec. 502. Effect on State law.

TITLE VI—DEFINITIONS

Sec. 601. Definitions.

TITLE VII—EFFECTIVE DATE

Sec. 701. Effective date.

3 SEC. 2. PURPOSES.

4 The purposes of this Act are—
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1 (1) to protect the public against unreasonable

2 risk of injury and death associated with firearms

3 and related products;

4 (2) to develop safety standards for firearms and

5 related products;

6 (3) to assist consumers in evaluating the com7 parative safety of firearms and related products;

8 (4) to promote research and investigation into

9 the causes and prevention of firearm-related deaths

10 and injuries;

11 (5) to restrict the availability of weapons that

12 pose an unreasonable risk of death or injury; and

13 (6) to restrict development of weapons that

14 pose a threat to public safety.

15 TITLE I—REGULATION OF

16 FIREARM PRODUCTS

17 SEC. 101. REGULATORY AUTHORITY.

18 (a) IN GENERAL.—The Secretary shall prescribe

19 such regulations governing the design, manufacture, and

20 performance of, and commerce in, firearm products, con21 sistent with this Act, as are reasonably necessary to reduce

22 or prevent unreasonable risk of injury resulting from the

23 use of such products.

24 (b) MAXIMUM INTERVAL BETWEEN ISSUANCE OF

25 PROPOSED AND FINAL REGULATION.—Within 120 days
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1 after the Secretary issues a proposed regulation under

2 subsection (a) with respect to a matter, the Secretary shall

3 issue a regulation in final form with respect to the matter.

4 (c) PETITIONS.—

5 (1) IN GENERAL.—Any person may petition the

6 Secretary to—

7 (A) issue, amend, or repeal a regulation

8 prescribed under subsection (a) of this section;

9 or

10 (B) require the recall, repair, or replace11 ment of a firearm product, or the issuance of

12 refunds with respect to a firearm product.

13 (2) DEADLINE FOR ACTION ON PETITION.—

14 Within 120 days after receipt of a petition referred

15 to in paragraph (1), the Secretary shall—

16 (A) grant, in whole or in part, or deny the

17 petition; and

18 (B) provide the petitioner with the reasons

19 for granting or denying the petition.

20 SEC. 102. ORDERS; INSPECTIONS.

21 (a) AUTHORITY TO PROHIBIT MANUFACTURE, SALE,

22 OR TRANSFER OF FIREARM PRODUCTS MADE, IMPORTED,

23 TRANSFERRED, OR DISTRIBUTED IN VIOLATION OF REG24 ULATION.—The Secretary may issue an order prohibiting

25 the manufacture, sale, or transfer of a firearm product
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1 which the Secretary finds has been manufactured, or has

2 been or is intended to be imported, transferred, or distrib3 uted in violation of a regulation prescribed under this Act.

4 (b) AUTHORITY TO REQUIRE THE RECALL, REPAIR,

5 OR REPLACEMENT OF, OR THE PROVISION OF REFUNDS

6 WITH RESPECT TO FIREARM PRODUCTS.—The Secretary

7 may issue an order requiring the manufacturer of, and

8 any dealer in, a firearm product which the Secretary de9 termines poses an unreasonable risk of injury to the pub10 lic, is not in compliance with a regulation prescribed under

11 this Act, or is defective, to—

12 (1) provide notice of the risks associated with

13 the product, and of how to avoid or reduce the risks,

14 to—

15 (A) the public;

16 (B) in the case of the manufacturer of the

17 product, each dealer in the product; and

18 (C) in the case of a dealer in the product,

19 the manufacturer of the product and the other

20 persons known to the dealer as dealers in the

21 product;

22 (2) bring the product into conformity with the

23 regulations prescribed under this Act;

24 (3) repair the product;
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1 (4) replace the product with a like or equivalent

2 product which is in compliance with such regula3 tions;

4 (5) refund the purchase price of the product,

5 or, if the product is more than 1 year old, a lesser

6 amount based on the value of the product after rea7 sonable use;

8 (6) recall the product from the stream of com9 merce; or

10 (7) submit to the Secretary a satisfactory plan

11 for implementation of any action required under this

12 subsection.

13 (c) AUTHORITY TO PROHIBIT MANUFACTURE, IM14 PORTATION, TRANSFER, DISTRIBUTION, OR EXPORT OF

15 UNREASONABLY RISKY FIREARM PRODUCTS.—The Sec16 retary may issue an order prohibiting the manufacture,

17 importation, transfer, distribution, or export of a firearm

18 product if the Secretary determines that the exercise of

19 other authority under this Act would not be sufficient to

20 prevent the product from posing an unreasonable risk of

21 injury to the public.

22 (d) INSPECTIONS.—In order to ascertain compliance

23 with this Act and the regulations and orders issued under

24 this Act, the Secretary may, at reasonable times—
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1 (1) enter any place in which firearm products

2 are manufactured, stored, or held, for distribution in

3 commerce, and inspect those areas where the prod4 ucts are manufactured, stored, or held; and

5 (2) enter and inspect any conveyance being

6 used to transport a firearm product.

7 TITLE II—PROHIBITIONS

8 SEC. 201. PROHIBITIONS.

9 (a) FAILURE OF MANUFACTURER TO TEST AND CER10 TIFY FIREARM PRODUCTS.—It shall be unlawful for the

11 manufacturer of a firearm product to transfer, distribute,

12 or export a firearm product unless—

13 (1) the manufacturer has tested the product in

14 order to ascertain whether the product is in con15 formity with the regulations prescribed under section

16 101;

17 (2) the product is in conformity with such regu18 lations; and

19 (3) the manufacturer has included in the pack20 aging of the product, and furnished to each person

21 to whom the product is distributed, a certificate

22 stating that the product is in conformity with such

23 regulations.

24 (b) FAILURE OF MANUFACTURER TO PROVIDE NO25 TICE OF NEW TYPES OF FIREARM PRODUCTS.—It shall
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1 be unlawful for the manufacturer of a new type of firearm

2 product to manufacture the product, unless the manufac3 turer has provided the Secretary with—

4 (1) notice of the intent of the manufacturer to

5 manufacture the product; and

6 (2) a description of the product.

7 (c) FAILURE OF MANUFACTURER OR DEALER TO

8 LABEL FIREARM PRODUCTS.—It shall be unlawful for a

9 manufacturer of or dealer in firearms to transfer, distrib10 ute, or export a firearm product unless the product is ac11 companied by a label that contains—

12 (1) the name and address of the manufacturer

13 of the product;

14 (2) the name and address of any importer of

15 the product;

16 (3) a specification of the regulations prescribed

17 under this Act that apply to the product; and

18 (4) the certificate required by subsection (a)(3)

19 with respect to the product.

20 (d) FAILURE TO MAINTAIN OR PERMIT INSPECTION

21 OF RECORDS.—It shall be unlawful for an importer of,

22 manufacturer of, or dealer in a firearm product to fail

23 to—

24 (1) maintain such records, and supply such in25 formation, as the Secretary may require in order to
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1 ascertain compliance with this Act and the regula2 tions and orders issued under this Act; and

3 (2) permit the Secretary to inspect and copy

4 such records at reasonable times.

5 (e) IMPORTATION AND EXPORTATION OF

6 UNCERTIFIED FIREARM PRODUCTS.—It shall be unlawful

7 for any person to import into the United States or export

8 a firearm product that is not accompanied by the certifi9 cate required by subsection (a)(3).

10 (f) COMMERCE IN FIREARM PRODUCTS IN VIOLA11 TION OF ORDER ISSUED OR REGULATION PRESCRIBED

12 UNDER THIS ACT.—It shall be unlawful for any person

13 to manufacture, offer for sale, distribute in commerce, im14 port into the United States, or export a firearm product—

15 (1) that is not in conformity with the regula16 tions prescribed under this Act; or

17 (2) in violation of an order issued under this

18 Act.

19 (g) STOCKPILING.—It shall be unlawful for any per20 son to manufacture, purchase, or import a firearm prod21 uct, after the date a regulation is prescribed under this

22 Act with respect to the product and before the date the

23 regulation takes effect, at a rate that is significantly great24 er than the rate at which the person manufactured, pur25 chased, or imported the product during a base period (pre-
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1 scribed by the Secretary in regulations) ending before the

2 date the regulation is so prescribed.

3 SEC. 202. INAPPLICABILITY TO GOVERNMENTAL AUTHORI4 TIES.

5 Section 201 shall not apply to any department or

6 agency of the United States, of a State, or of a political

7 subdivision of a State, or to any official conduct of any

8 officer or employee of such a department or agency.

9 TITLE III—ENFORCEMENT

10 Subtitle A—Civil Enforcement

11 SEC. 301. CIVIL PENALTIES.

12 (a) AUTHORITY TO IMPOSE FINES.—

13 (1) IN GENERAL.—The Secretary shall impose

14 upon any person who violates section 201 a civil fine

15 in an amount that does not exceed the applicable

16 amount.

17 (2) SCOPE OF OFFENSE.—Each violation of sec18 tion 201 (other than of subsection (a)(3) or (d) of

19 such section) shall constitute a separate offense with

20 respect to each firearm product involved.

21 (b) APPLICABLE AMOUNT.—

22 (1) FIRST 5-YEAR PERIOD.—The applicable

23 amount for the 5-year period described in subsection

24 (f)(1) is $5,000.
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1 (2) THEREAFTER.—The applicable amount for

2 any 5-year period described in subsection (f)(2) is

3 the dollar amount in effect under this section for the

4 5-year period, rounded in accordance with subsection

5 (e).

6 (c) DOLLAR AMOUNT IN EFFECT UNDER THIS SEC7 TION.—The dollar amount in effect under this section for

8 a 5-year period—

9 (1) $5,000; multiplied by

10 (2) the applicable inflation percentage.

11 (d) APPLICABLE INFLATION PERCENTAGE.—

12 (1) FIRST 5-YEAR PERIOD.—The applicable in13 flation percentage for 5-year period described in sub14 section (f)(1) is 1.00.

15 (2) THEREAFTER.—The applicable inflation

16 percentage for any 5-year period described in sub17 section (f)(2) is the percentage (if any) by which—

18 (A) the average of the Consumer Price

19 Index (as defined in section 1(f)(5) of the Inter20 nal Revenue Code of 1986) for the 5-year pe21 riod ending on June 30 of the 5th year of the

22 immediately preceding 5-year period described

23 in subsection (f); exceeds

24 (B) the average of the Consumer Price

25 Index (as so defined) ending on June 30, 1995.
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1 (e) ROUNDING RULES.—

If the dollar amount in effect

under this section for a 5-

year period is:

The dollar amount is rounded

to the nearest multiple of:

Over $1,000 but not over $10,000 .......................................... $1,000.

Over $10,000 but not over $100,000 ...................................... $5,000.

Over $100,000 but not over $200,000 .................................... $10,000.

Over $200,000 ......................................................................... $25,000.

2 (f) 5-YEAR PERIODS.—A 5-year period is described

3 in this subsection if the period is—

4 (1) the 5-year period that begins on January 1,

5 1996; or

6 (2) a 5-year period that begins at the end of a

7 5-year period described in this subsection.

8 (g) PUBLICATION IN FEDERAL REGISTER.—Not

9 later than December 1, 1995, and every 5 years there10 after, the Secretary shall prescribe and publish in the Fed11 eral Register the schedule of maximum authorized pen12 alties that will apply for violations referred to in sub13 section (a) that occur during the 5-year period that begins

14 on the next January 1.

15 SEC. 302. INJUNCTIVE ENFORCEMENT AND SEIZURE.

16 (a) INJUNCTIVE ENFORCEMENT.—Upon request of

17 the Secretary, the Attorney General of the United States

18 may bring an action to restrain any violation of section

19 201 in the United States district court for any district

20 in which the violation has occurred, or in which the de21 fendant is found or transacts business.

22 (b) CONDEMNATION.—
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1 (1) IN GENERAL.—Upon request of the Sec2 retary, the Attorney General of the United States

3 may bring an action in rem for condemnation of a

4 qualified firearm product in the United States dis5 trict court for any district in which the Secretary

6 has found and seized for confiscation the product.

7 (2) QUALIFIED FIREARM PRODUCT DEFINED.—

8 As used in paragraph (1), the term ‘‘qualified fire9 arm product’’ means a firearm product—

10 (A) that is being transported or having

11 been transported remains unsold, is sold or of12 fered for sale, is imported, or is to be exported;

13 and

14 (B)(i) that is not in compliance with a reg15 ulation prescribed or an order issued under this

16 Act; or

17 (ii) with respect to which relief has been

18 granted under section 303.

19 SEC. 303. IMMINENTLY HAZARDOUS FIREARMS.

20 (a) IN GENERAL.—Notwithstanding the pendency of

21 any other proceeding in a court of the United States, the

22 Secretary may bring an action in a United States district

23 court to restrain any person who is a manufacturer of,

24 or dealer in, an imminently hazardous firearm product
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1 from manufacturing, distributing, transferring, importing,

2 or exporting the product.

3 (b) IMMINENTLY HAZARDOUS FIREARM PRODUCT.—

4 As used in subsection (a), the term ‘‘imminently hazard5 ous firearm product’’ means any firearm product with re6 spect to which the Secretary determines that—

7 (1) the product poses an unreasonable risk of

8 injury to the public; and

9 (2) time is of the essence in protecting the pub10 lic from the risks posed by the product.

11 (c) RELIEF.—In an action brought under subsection

12 (a), the court may grant such temporary or permanent

13 relief as may be necessary to protect the public from the

14 risks posed by the firearm product, including—

15 (1) seizure of the product; and

16 (2) an order requiring—

17 (A) the purchasers of the product to be no18 tified of the risks posed by the product;

19 (B) the public to be notified of the risks

20 posed by the product; or

21 (C) the defendant to recall, repair, or re22 place the product, or refund the purchase price

23 of the product (or, if the product is more than

24 1 year old, a lesser amount based on the value

25 of the product after reasonable use).
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1 (d) VENUE.—An action under subsection (a)(2) may

2 be brought in the United States district court for the Dis3 trict of Columbia or for any district in which any defend4 ant is found or transacts business.

5 SEC. 304. PRIVATE CAUSE OF ACTION.

6 (a) IN GENERAL.—Any person aggrieved by any vio7 lation of this Act or of any regulation prescribed or order

8 issued under this Act by another person may bring an ac9 tion against such other person in any United States dis10 trict court for damages, including consequential damages.

11 In any action under this section, the court, in its discre12 tion, may award to a prevailing plaintiff a reasonable at13 torney’s fee as part of the costs.

14 (b) RULE OF INTERPRETATION.—The remedy pro15 vided for in subsection (a) shall be in addition to any other

16 remedy provided by common law or under Federal or State

17 law.

18 SEC. 305. PRIVATE ENFORCEMENT OF THIS ACT.

19 Any interested person may bring an action in any

20 United States district court to enforce this Act, or restrain

21 any violation of this Act or of any regulation prescribed

22 or order issued under this Act. In any action under this

23 section, the court, in its discretion, may award to a pre24 vailing plaintiff a reasonable attorney’s fee as part of the

25 costs.
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1 SEC. 306. EFFECT ON PRIVATE REMEDIES.

2 (a) IRRELEVANCY OF COMPLIANCE WITH THIS

3 ACT.—Compliance with this Act or any order issued or

4 regulation prescribed under this Act shall not relieve any

5 person from liability to any person under common law or

6 State statutory law.

7 (b) IRRELEVANCY OF FAILURE TO TAKE ACTION

8 UNDER THIS ACT.—The failure of the Secretary to take

9 any action authorized under this Act shall not be admissi10 ble in litigation relating to the product under common law

11 or State statutory law.

12 Subtitle B—Criminal Enforcement

13 SEC. 351. CRIMINAL PENALTIES.

14 Any person who has received from the Secretary a

15 notice that the person has violated a provision of this Act

16 or of a regulation prescribed under this Act with respect

17 to a firearm product and knowingly violates such provision

18 with respect to the product shall be fined under title 18,

19 United States Code, imprisoned not more than 2 years,

20 or both.

21 TITLE IV—ADMINISTRATIVE

22 PROVISIONS

23 SEC. 401. FIREARMS VIOLENCE INFORMATION AND RE24 SEARCH.

25 (a) IN GENERAL.—The Secretary shall—
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1 (1) maintain a Firearms Violence Information

2 Clearinghouse to collect, investigate, analyze, and

3 disseminate data and information relating to the

4 causes and prevention of death and injury associated

5 with firearms;

6 (2) conduct continuing studies and investiga7 tions of firearm-related deaths and injuries and the

8 resulting economic costs and losses;

9 (3) compile an annual report detailing each case

10 of criminal misuse of machineguns registered under

11 the National Firearms Act that is known to the Sec12 retary;

13 (4) collect and maintain current production and

14 sales figures for each person registered as a manu15 facturer under the Gun Control Act;

16 (5) conduct research on, studies of, and inves17 tigation into the safety of firearm products and im18 proving the safety of firearm products; and

19 (6) develop firearm safety testing methods and

20 testing devices.

21 (b) AVAILABILITY OF INFORMATION.—On a regular

22 basis, but not less frequently than annually, the Secretary

23 shall make available to the public the results of the activi24 ties of the Secretary under paragraphs (1), (2), (3) and

25 (4) of subsection (a).
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1 SEC. 402. ANNUAL REPORTS TO THE CONGRESS.

2 The Secretary shall prepare and submit to the Presi3 dent and the Congress at the beginning of each regular

4 session of the Congress, a comprehensive report on the

5 administration of this Act for the most recently completed

6 fiscal year. The report shall include—

7 (1) a thorough appraisal, including statistical

8 analyses and projections, of the incidence of injury

9 and death and effects on the population resulting

10 from firearm products, with a breakdown, as prac11 ticable, among the various types of such products as12 sociated with the injuries and deaths;

13 (2) a list of firearm safety regulations pre14 scribed that year;

15 (3) an evaluation of the degree of compliance

16 with firearm safety regulations, including a list of

17 enforcement actions, court decisions, and settlements

18 of alleged violations, by name and location of the vi19 olator or alleged violator, as the case may be;

20 (4) a summary of the outstanding problems

21 hindering enforcement of this Act, in the order of

22 priority; and

23 (5) a log and summary of meetings between the

24 Secretary or employees of the Secretary and rep25 resentatives of industry, interested groups, or other

26 interested parties.
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1 TITLE V—RELATIONSHIP TO

2 OTHER LAW

3 SEC. 501. SUBORDINATION TO ARMS EXPORT CONTROL

4 ACT.

5 In the event of any conflict between any provision of

6 this Act and any provision of the Arms Export Control

7 Act, the provision of the Arms Export Control Act shall

8 control.

9 SEC. 502. EFFECT ON STATE LAW.

10 This Act shall not be construed to preempt any provi11 sion of the law of any State or political subdivision thereof,

12 or prevent a State or political subdivision thereof from en13 acting any provision of law regulating or prohibiting con14 duct with respect to a firearm product, except to the ex15 tent that such provision of law is inconsistent with any

16 provision of this Act, and then only to the extent of the

17 inconsistency. A provision of State law is not inconsistent

18 with this Act if the provision imposes a regulation or pro19 hibition of greater scope or a penalty of greater severity

20 than any prohibition or penalty imposed by this Act.

21 TITLE VI—DEFINITIONS

22 SEC. 601. DEFINITIONS.

23 (a) SPECIFIC TERMS.—As used in this Act:

24 (1) FIREARMS DEALER.—The term ‘‘firearms

25 dealer’’ means—
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1 (A) any person engaged in the business (as

2 defined in section 921(a)(21)(C) of title 18,

3 United States Code) of dealing in firearms at

4 wholesale or retail;

5 (B) any person engaged in the business (as

6 defined in section 921(a)(21)(D) of title 18,

7 United States Code) of repairing firearms or of

8 making or fitting special barrels, stocks, or trig9 ger mechanisms to firearms; and

10 (C) any person who is a pawnbroker.

11 (2) FIREARM PART.—The term ‘‘firearm part’’

12 means—

13 (A) any part or component of a firearm as

14 originally manufactured;

15 (B) any good manufactured or sold—

16 (i) for replacement or improvement of

17 a firearm; or

18 (ii) as any accessory or addition to the

19 firearm; and

20 (C) any good that is not a part or compo21 nent of a firearm and is manufactured, sold, de22 livered, offered, or intended for use exclusively

23 to safeguard individuals from injury by a fire24 arm.
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1 (3) FIREARM PRODUCT.—The term ‘‘firearm

2 product’’ means a firearm, firearm part, nonpowder

3 firearm, and ammunition.

4 (4) FIREARM SAFETY REGULATION.—The term

5 ‘‘firearm safety regulation’’ means a regulation pre6 scribed under this Act.

7 (5) FIREARM SAFETY STANDARD.—The term

8 ‘‘firearm safety standard’’ means a standard pro9 mulgated under this Act.

10 (6) MACHINEGUN.—The term ‘‘machinegun’’

11 means—

12 (A) any weapon which shoots, is designed

13 to shoot, or can be readily restored to shoot,

14 automatically more than 1 shot, without man15 ual reloading, by a single function of the trig16 ger;

17 (B) the frame or receiver of any such

18 weapon;

19 (C) any part or combination of parts de20 signed and intended for use in converting a

21 weapon into a device described in subparagraph

22 (A) or (B), whether or not modification to the

23 frame or receiver of the weapon is necessary to

24 complete the conversion; and
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1 (D) any combination of parts from which

2 a device described in subparagraph (A) or (B)

3 can be assembled if such parts are in the pos4 session or under the control of a person.

5 (8) NONPOWDER FIREARM.—The term

6 ‘‘nonpowder firearm’’ means a device specifically de7 signed to discharge BBs, pellets, darts, or similar

8 projectiles by the release of stored energy.

9 (9) SECRETARY.—The term ‘‘Secretary’’ means

10 the Secretary of the Treasury or the delegate of the

11 Secretary.

12 (b) OTHER TERMS.—Each other term used in this

13 Act shall have the meaning (if any) given such term in

14 section 921(a) of title 18, United States Code.

15 TITLE VII—EFFECTIVE DATE

16 SEC. 701. EFFECTIVE DATE.

17 This Act shall take effect on the date of the enact18 ment of this Act.

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