II

103D CONGRESS

2D SESSION S. 2443

To provide compensation for victims from persons who unlawfully provide

firearms to juveniles, felons, and other disqualified individuals.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 20 (legislative day, SEPTEMBER 12), 1994

Mr. LAUTENBERG (for himself and Mr. SIMON) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To provide compensation for victims from persons who unlawfully provide firearms to juveniles, felons, and other

disqualified individuals.

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 Victim Compensa5 tion Act’’.
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1 SEC. 2. VICTIM COMPENSATION FROM PERSONS WHO UN2 LAWFULLY PROVIDE FIREARMS TO JUVE3 NILES, FELONS, AND OTHER DISQUALIFIED

4 INDIVIDUALS.

5 (a) VICTIM COMPENSATION.—Section 924 of title 18,

6 United States Code, is amended by adding at the end the

7 following new subsection:

8 ‘‘(j) VICTIM COMPENSATION.—

9 ‘‘(1) IN GENERAL.—Any person who sells, deliv10 ers, or otherwise transfers—

11 ‘‘(A) a firearm in violation of section

12 922(d) or section 922(b)(1); or

13 ‘‘(B) a handgun to a person who the trans14 feror knows or has reasonable cause to believe

15 is a juvenile, except as provided in paragraph

16 (6),

17 shall be liable for damages caused by a discharge of

18 the transferred firearm by the transferee.

19 ‘‘(2) CIVIL ACTION.—An action to recover dam20 ages under paragraph (1) may be brought in a

21 United States district court by, or on behalf of, any

22 person, or the estate of any person, who suffers

23 damages resulting from bodily injury to or the death

24 of any person caused by a discharge of the trans25 ferred firearm by the transferee.
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1 ‘‘(3) DISENTITLEMENT TO RECOVERY.—There

2 shall be no liability under this subsection if it is es3 tablished by a preponderance of the evidence that—

4 ‘‘(A) the damages were suffered by a per5 son who was engaged in a criminal act against

6 the person or property of another at the time

7 of the injury; or

8 ‘‘(B) the injury was self-inflicted, unless

9 the plaintiff establishes that, at the time of the

10 transfer, the transferor knew or had reasonable

11 cause to believe that the transferee had not at12 tained the age of 18 years or had been adju13 dicated as a mental defective or committed to

14 a mental institution.

15 ‘‘(4) PERIOD OF LIABILITY.—No action under

16 this subsection may be brought for damages that are

17 caused more than 5 years after the date of the

18 transfer of a firearm upon which an action could

19 otherwise be based.

20 ‘‘(5) ATTORNEY’S FEES AND PUNITIVE DAM21 AGES.—A prevailing plaintiff in an action under this

22 subsection—

23 ‘‘(A) shall be awarded reasonable attor24 ney’s fees and costs, and

25 ‘‘(B) may be awarded punitive damages.
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1 ‘‘(6) JUVENILES.—Paragraph (1)(B) does not

2 apply to—

3 ‘‘(A) a temporary transfer of a handgun to

4 a juvenile if the handgun is used by the juve5 nile—

6 ‘‘(i) in the course of employment, in

7 the course of ranching or farming related

8 to activities at the residence of the juvenile

9 (or on property used for ranching or farm10 ing at which the juvenile, with the permis11 sion of the property owner or lessee, is per12 forming activities related to the operation

13 of the farm or ranch), target practice,

14 hunting, or a course of instruction in the

15 safe and lawful use of a handgun;

16 ‘‘(ii) with the prior written consent of

17 the juvenile’s parent or guardian who is

18 not prohibited by Federal, State, or local

19 law from possessing a firearm, except—

20 ‘‘(I) during transportation by the

21 juvenile of an unloaded handgun in a

22 locked container directly from the

23 place of transfer to a place at which

24 an activity described in clause (i) is to

25 take place and transportation by the
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1 juvenile of that handgun, unloaded

2 and in a locked container, directly

3 from the place at which such an activ4 ity took place to the transferor; or

5 ‘‘(II) with respect to ranching or

6 farming activities as described in

7 clause (i), with the prior written ap8 proval of the juvenile’s parent or legal

9 guardian and at the direction of an

10 adult who is not prohibited by Fed11 eral, State, or local law from possess12 ing a firearm;

13 ‘‘(iii) if the juvenile keeps the prior

14 written consent in the juvenile’s possession

15 at all times when a handgun is in the pos16 session of the juvenile; and

17 ‘‘(iv) in accordance with State and

18 local law;

19 ‘‘(B) issuance of a handgun to a juvenile

20 who is a member of the Armed Forces of the

21 United States or the National Guard who pos22 sesses or is armed with the handgun in the line

23 of duty;

24 ‘‘(C) a transfer by inheritance of title (but

25 not possession) of a handgun to a juvenile;
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1 ‘‘(D) a delivery of a handgun by a juvenile

2 to be used in defense of the juvenile or other

3 persons against an intruder into the residence

4 of the juvenile or a residence in which the juve5 nile is an invited guest; or

6 ‘‘(E) a transfer of a handgun for consider7 ation if the transfer is made in accordance with

8 State and local law and with the prior consent

9 of the juvenile’s parent or legal guardian who is

10 not prohibited by Federal, State, or local law

11 from possessing a firearm.

12 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in

13 this subsection shall be construed to limit or have

14 any other effect on any other cause of action avail15 able to any person.’’.

16 (b) DEFINITION.—Section 921(a) of title 18, United

17 States Code, is amended by adding at the end the follow18 ing new paragraph:

19 ‘‘(30) The term ‘juvenile’ means a person who is less

20 than 18 years of age.’’.

21 (c) APPLICATION OF AMENDMENT.—The amendment

22 made by subsection (a) shall apply to damages resulting

23 from a firearm that was transferred as described in sec-
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1 tion 924(j)(1) of title 18, on or after the date of enactment

2 of this Act.

Æ