er than the rate at which the person manufactured, pur-
chased, or imported the product during a base period (pre-
scribed by the Attorney General in regulations) ending be-
fore the date the regulation is so prescribed. 
SEC. 202. INAPPLICABILITY TO GOVERNMENTAL AUTHORI-
TIES. 
Section 201 does not apply to any department or 
agency of the United States, of a State, or of a political 
subdivision of a State, or to any official conduct of any 
officer or employee of such a department or agency. 
TITLE III—ENFORCEMENT 
Subtitle A—Civil Enforcement 
SEC. 301. CIVIL PENALTIES. 
(a) AUTHORITY TO IMPOSE FINES.—
(1) IN GENERAL.—The Attorney General shall 
impose upon any person who violates section 201 a 
civil fine in an amount that does not exceed the ap-
plicable amount described in subsection (b). 
(2) SCOPE OF OFFENSE.—Each violation of sec-
tion 201 (other than of subsection (a)(3) or (d) of 
that section) shall constitute a separate offense with 
respect to each firearm product involved. 
(b) APPLICABLE AMOUNT.—
(1) FIRST
5-YEAR
PERIOD.—The applicable 
amount for the 5-year period immediately following
the date of enactment of this Act is $5,000, or 
$10,000 if the violation is willful. 
(2) THEREAFTER.—The applicable amount dur-
ing any time after the 5-year period described in 
paragraph (1) is $10,000, or $20,000 if the violation 
is willful. 
SEC. 302. INJUNCTIVE ENFORCEMENT AND SEIZURE. 
(a) INJUNCTIVE
ENFORCEMENT.—The Attorney 
General may bring an action to restrain any violation of 
section 201 in the United States district court for any dis-
trict in which the violation has occurred, or in which the 
defendant is found or transacts business. 
(b) CONDEMNATION.—
(1) IN GENERAL.—The Attorney General may 
bring an action in rem for condemnation of a quali-
fied firearm product in the United States district 
court for any district in which the Attorney General 
has found and seized for confiscation the product. 
(2) QUALIFIED FIREARM PRODUCT DEFINED.—
In paragraph (1), the term ‘‘qualified firearm prod-
uct’’ means a firearm product—
(A) that is being transported or having 
been transported remains unsold, is sold or of-
fered for sale, is imported, or is to be exported; 
and
(B)(i) that is not in compliance with a reg-
ulation prescribed or an order issued under this 
Act; or 
(ii) with respect to which relief has been 
granted under section 303. 
SEC. 303. IMMINENTLY HAZARDOUS FIREARMS. 
(a) IN GENERAL.—Notwithstanding the pendency of 
any other proceeding in a court of the United States, the 
Attorney General may bring an action in a United States 
district court to restrain any person who is a manufac-
turer of, or dealer in, an imminently hazardous firearm 
product from manufacturing, distributing, transferring, 
importing, or exporting the product. 
(b) IMMINENTLY HAZARDOUS FIREARM PRODUCT.—
In subsection (a), the term ‘‘imminently hazardous fire-
arm product’’ means any firearm product with respect to 
which the Attorney General determines that—
(1) the product poses an unreasonable risk of 
injury to the public; and 
(2) time is of the essence in protecting the pub-
lic from the risks posed by the product. 
(c) RELIEF.—In an action brought under subsection 
(a), the court may grant such temporary or permanent 
relief as may be necessary to protect the public from the 
risks posed by the firearm product, including—
(1) seizure of the product; and 
(2) an order requiring—
(A) the purchasers of the product to be no-
tified of the risks posed by the product; 
(B) the public to be notified of the risks 
posed by the product; or 
(C) the defendant to recall, repair, or re-
place the product, or refund the purchase price 
of the product (or, if the product is more than 
1 year old, a lesser amount based on the value 
of the product after reasonable use). 
(d) VENUE.—An action under subsection (a)(2) may 
be brought in the United States district court for the Dis-
trict of Columbia or for any district in which any defend-
ant is found or transacts business. 
SEC. 304. PRIVATE CAUSE OF ACTION. 
(a) IN GENERAL.—Any person aggrieved by any vio-
lation of this Act or of any regulation prescribed or order 
issued under this Act by another person may bring an ac-
tion against such other person in any United States dis-
trict court for damages, including consequential damages. 
In any action under this section, the court, in its discre-
tion, may award to a prevailing plaintiff a reasonable at-
torney’s fee as part of the costs.
(b) RULE OF INTERPRETATION.—The remedy pro-
vided for in subsection (a) shall be in addition to any other 
remedy provided by common law or under Federal or State 
law. 
SEC. 305. PRIVATE ENFORCEMENT OF THIS ACT. 
Any interested person may bring an action in any 
United States district court to enforce this Act, or restrain 
any violation of this Act or of any regulation prescribed 
or order issued under this Act. In any action under this 
section, the court, in its discretion, may award to a pre-
vailing plaintiff a reasonable attorney’s fee as part of the 
costs. 
SEC. 306. EFFECT ON PRIVATE REMEDIES. 
(a) IRRELEVANCY
OF
COMPLIANCE
WITH
THIS 
ACT.—Compliance with this Act or any order issued or 
regulation prescribed under this Act shall not relieve any 
person from liability to any person under common law or 
State statutory law. 
(b) IRRELEVANCY OF FAILURE TO TAKE ACTION 
UNDER THIS ACT.—The failure of the Attorney General 
to take any action authorized under this Act shall not be 
admissible in litigation relating to the product under com-
mon law or State statutory law.
Subtitle B—Criminal Enforcement 
SEC. 351. CRIMINAL PENALTIES. 
Any person who has received from the Attorney Gen-
eral a notice that the person has violated a provision of 
this Act or of a regulation prescribed under this Act with 
respect to a firearm product and knowingly violates that 
provision with respect to the product shall be fined under 
title 18, United States Code, imprisoned not more than 
2 years, or both. 
TITLE IV—ADMINISTRATIVE 
PROVISIONS 
SEC. 401. FIREARM INJURY INFORMATION AND RESEARCH. 
(a) INJURY DATA.—The Attorney General shall, in 
coordination with the Secretary of Health and Human 
Services—
(1) collect, investigate, analyze, and share with 
other 
appropriate 
government 
agencies 
cir-
cumstances of death and injury associated with fire-
arms; and 
(2) conduct continuing studies and investiga-
tions of economic costs and losses resulting from 
firearm-related deaths and injuries. 
(b) OTHER DATA.—The Attorney General shall—
(1) collect and maintain current production and 
sales figures for each licensed manufacturer, broken
down by the model, caliber, and type of firearms 
produced and sold by the licensee, including a list of 
the serial numbers of such firearms; 
(2) conduct research on, studies of, and inves-
tigation into the safety of firearm products and im-
proving the safety of firearm products; and 
(3) develop firearm safety testing methods and 
testing devices. 
(c) AVAILABILITY OF INFORMATION.—On a regular 
basis, but not less frequently than annually, the Attorney 
General shall make available to the public the results of 
the activities of the Attorney General under subsections 
(a) and (b). 
SEC. 402. ANNUAL REPORT TO CONGRESS. 
(a) IN GENERAL.—The Attorney General shall pre-
pare and submit to the President and Congress at the be-
ginning of each regular session of Congress, a comprehen-
sive report on the administration of this Act for the most 
recently completed fiscal year. 
(b) CONTENTS.—Each report submitted under sub-
section (a) shall include—
(1) a thorough description, developed in coordi-
nation with the Secretary of Health and Human 
Services, of the incidence of injury and death and ef-
fects on the population resulting from firearm prod-
ucts, including statistical analyses and projections, 
and a breakdown, as practicable, among the various 
types of such products associated with the injuries 
and deaths; 
(2) a list of firearm safety regulations pre-
scribed that year; 
(3) an evaluation of the degree of compliance 
with firearm safety regulations, including a list of 
enforcement actions, court decisions, and settlements 
of alleged violations, by name and location of the vi-
olator or alleged violator, as the case may be; 
(4) a summary of the outstanding problems 
hindering enforcement of this Act, in the order of 
priority; and 
(5) a log and summary of meetings between the 
Attorney General or employees of the Attorney Gen-
eral and representatives of industry, interested 
groups, or other interested parties. 
TITLE V—RELATIONSHIP TO 
OTHER LAW 
SEC. 501. SUBORDINATION TO ARMS EXPORT CONTROL 
ACT. 
In the event of any conflict between any provision of 
this Act and any provision of the Arms Export Control
Act, the provision of the Arms Export Control Act shall 
control. 
SEC. 502. EFFECT ON STATE LAW. 
(a) IN GENERAL.—This Act shall not be construed 
to preempt any provision of the law of any State or polit-
ical subdivision thereof, or prevent a State or political sub-
division thereof from enacting any provision of law regu-
lating or prohibiting conduct with respect to a firearm 
product, except to the extent that such provision of law 
is inconsistent with any provision of this Act, and then 
only to the extent of the inconsistency. 
(b) RULE OF CONSTRUCTION.—A provision of State 
law is not inconsistent with this Act if the provision im-
poses a regulation or prohibition of greater scope or a pen-
alty of greater severity than any prohibition or penalty im-
posed by this Act.
Æ