(f) COMMERCE IN FIREARM PRODUCTS IN VIOLA-
TION OF ORDER ISSUED OR REGULATION PRESCRIBED
UNDER THIS ACT.—It shall be unlawful for any person
to manufacture, offer for sale, distribute in commerce, im-
port into the United States, or export a firearm product—
(1) that is not in conformity with the regula-
tions prescribed under this Act; or
(2) in violation of an order issued under this
Act.
(g) STOCKPILING.—It shall be unlawful for any per-
son to manufacture, purchase, or import a firearm prod-
uct, after the date a regulation is prescribed under this
Act with respect to the product and before the date the
regulation takes effect, at a rate that is significantly great-
er than the rate at which the person manufactured, pur-
chased, or imported the product during a base period (pre-
scribed by the Secretary in regulations) ending before 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 Secretary shall impose
upon any person who violates section 201 a civil fine
in an amount that does not exceed the applicable
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.
(2) THEREAFTER.—The applicable amount dur-
ing any time after the 5-year period described in
paragraph (1) is $10,000.
SEC. 302. INJUNCTIVE ENFORCEMENT AND SEIZURE.
(a) INJUNCTIVE ENFORCEMENT.—Upon request of
the Secretary, the Attorney General of the United States
may bring an action to restrain any violation of section
201 in the United States district court for any district
in which the violation has occurred, or in which the de-
fendant is found or transacts business.
(b) CONDEMNATION.—
(1) IN GENERAL.—Upon request of the Sec-
retary, the Attorney General of the United States
may bring an action in rem for condemnation of a
qualified firearm product in the United States dis-
trict court for any district in which the Secretary
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
Secretary may bring an action in a United States district
court to restrain any person who is a manufacturer 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 Secretary 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 Secretary to take
any action authorized under this Act shall not be admissi-
ble in litigation relating to the product under common law
or State statutory law.
Subtitle B—Criminal Enforcement
SEC. 351. CRIMINAL PENALTIES.
Any person who has received from the Secretary 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.