I

103D CONGRESS

2D SESSION H. R. 4001

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

violation of Federal firearms law.

IN THE HOUSE OF REPRESENTATIVES

MARCH 10, 1994

Mr. REED introduced the following bill; which was 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 Respon5 sibility Act of 1994’’.

6 SEC. 2. CAUSE OF ACTION; FEDERAL JURISDICTION.

7 Any person suffering bodily injury or death as a re8 sult of the discharge of a firearm may bring an action

9 in any United States district court against any dealer who

10 transferred the firearm to any person in violation of chap-
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1 ter 44 of title 18, United States Code, for damages and

2 such other relief as the court deems appropriate. In any

3 action under this section, the court shall allow a prevailing

4 plaintiff a reasonable attorney’s fee as part of the costs.

5 SEC. 3. LIABILITY.

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

7 (b) of this section, the defendant in an action brought

8 under section 2 shall be held liable in tort, without regard

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

10 damages that arise from bodily injury or death proxi11 mately resulting from the illegal sale of a firearm if it is

12 established by a preponderance of the evidence that the

13 defendant transferred the firearm to any person in viola14 tion of chapter 44 of title 18, United States Code.

15 (b) DEFENSES.—

16 (1) INJURY WHILE COMMITTING A FELONY.—

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

18 is established by a preponderance of the evidence

19 that the plaintiff suffered the injury while commit20 ting a crime punishable by imprisonment for a term

21 exceeding 1 year.

22 (2) INJURY BY LAW ENFORCEMENT OFFICER.—

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

24 is established by a preponderance of the evidence

25 that the injury was suffered as a result of the dis-
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1 charge, by a law enforcement officer in the perform2 ance of official duties, of a firearm issued by the

3 United States or any department or agency thereof,

4 or any State or any department, agency, or political

5 subdivision thereof.

6 (3) INJURY BY MEMBER OF THE UNITED

7 STATES ARMED FORCES.—There shall be no liability

8 under subsection (a) if it is established by a prepon9 derance of the evidence that the injury was suffered

10 as a result of the discharge, by a member of the

11 Armed Forces of the United States in the perform12 ance of military duties, of a firearm issued by the

13 United States or any department or agency thereof.

14 SEC. 4. NO EFFECT ON OTHER CAUSES OF ACTION.

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

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

17 a result of the discharge of a firearm.

18 SEC. 5. DEFINITIONS.

19 As used in this Act:

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

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

22 title 18, United States Code.

23 (2) FIREARM.—The term ‘‘firearm’’ has the

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

25 title 18, United States Code.
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1 (3) LAW ENFORCEMENT OFFICER.—The term

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

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

4 political subdivision thereof, who is authorized by

5 law to engage in or supervise the prevention, detec6 tion, investigation, or prosecution of any violation of

7 law.

8 SEC. 6. APPLICABILITY.

9 This Act shall apply to—

10 (1) firearms transferred before, on, or after the

11 date of the enactment of this Act; and

12 (2) bodily injury or death occurring after such

13 date of enactment.

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