(9) Many currently available trigger locks and
other similar devices are inadequate to prevent the
accidental discharge of the firearms to which they
are attached, or to prevent children from gaining ac-
cess to the firearms.
SEC. 3. REGULATION OF HANDGUN DISCHARGE PROTEC-
TION PRODUCTS.
(a) GENERAL AUTHORITY.—The Secretary of the
Treasury (in this Act referred to as the ‘‘Secretary’’) shall
prescribe such regulations governing the design, manufac-
ture, and performance of, and commerce in, handgun dis-
charge protection products, as are necessary to reduce or
prevent unreasonable risk of injury to children from the
unintentional discharge of handguns.
(b) MINIMUM SAFETY STANDARD.—The regulations
required by subsection (a) shall, at a minimum, set forth
a minimum safety standard that a handgun discharge pro-
tection product must meet in order to be manufactured,
sold, transferred, or delivered consistent with this Act. In
developing the standard, the Secretary shall give appro-
priate consideration to handgun discharge protection
products that are not detachable, but are permanently in-
stalled and incorporated into the design of a handgun. The
standard shall include provisions to ensure that any hand-
gun discharge protection product that meets the standard
is of adequate quality and construction to prevent children
from operating a handgun, and to ensure that such a
product cannot be removed from a handgun except
through the use of a key, combination, or other method
of access made possible by the manufacturer of the prod-
uct.
(c) USE
OF
POISON
PACKAGING
PREVENTION
STANDARDS TEST PROTOCOLS.—In developing the stand-
ard required by subsection (b), the Secretary shall con-
sider using test protocols described in section 1700.20 of
title 16, Code of Federal Regulations, (in effect as of Jan-
uary 1, 1998), related to poison prevention packaging
standards.
(d) DEADLINE FOR ISSUANCE OF STANDARD.—With-
in 12 months after the date of the enactment of this Act,
the Secretary shall issue in final form the standard re-
quired by subsection (b).
(e) EFFECTIVE DATE OF STANDARD.—The standard
issued under subsection (b) shall take effect 6 months
after the date of issuance.
SEC. 4. ORDERS; INSPECTIONS.
(a) IN GENERAL.—The Secretary may issue an order
prohibiting the manufacture, sale, transfer, or delivery of
a handgun discharge protection product which the Sec-
retary finds has been designed, or has been or is intended
to be manufactured, transferred, or distributed in violation
of this Act or a regulation prescribed under this Act.
(b) AUTHORITY TO REQUIRE THE RECALL, REPAIR,
OR REPLACEMENT
OF, OR
THE PROVISION
OF RE-
FUNDS.—The Secretary may issue an order requiring the
manufacturer of, and any dealer in, a handgun discharge
protection product which the Secretary finds has been de-
signed, manufactured, transferred, or delivered in viola-
tion of this Act or a regulation prescribed under this Act,
to—
(1) provide notice of the risks associated with
the product, and of how to avoid or reduce the risks,
to—
(A) the public;
(B) in the case of the manufacturer of the
product, each dealer in the product; and
(C) in the case of a dealer in the product,
the manufacturer of the product and the other
persons known to the dealer as dealers in the
product;
(2) bring the product into conformity with the
regulations prescribed under this Act;
(3) repair the product;
(4) replace the product with a like or equivalent
product which is in compliance with such regula-
tions;
(5) 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 rea-
sonable use;
(6) recall the product from the stream of com-
merce; or
(7) submit to the Secretary a satisfactory plan
for implementation of any action required under this
subsection.
(c) INSPECTIONS.—In order to ascertain compliance
with this Act and the regulations and orders issued under
this Act, the Secretary may, at reasonable times—
(1) enter any place in which handgun discharge
protection products are manufactured, stored, or
held, for distribution in commerce, and inspect those
areas where the products are manufactured, stored,
or held; and
(2) enter and inspect any conveyance being
used to transport for commercial purposes a hand-
gun discharge protection product.
SEC. 5. UNLAWFUL ACTS.
(a) IN GENERAL.—Beginning 30 days after a final
standard issued under section 3(b) takes effect, it shall
be unlawful—
(1) for any licensed manufacturer or licensed
importer to sell, transfer, or deliver to any person
any handgun without a handgun discharge protec-
tion product that meets the standard; and
(2) for any licensed dealer to sell, transfer, or
deliver to any person any handgun without the
handgun discharge protection product supplied to
the dealer by the licensed manufacturer or importer.
(b) EXCEPTION.—Subsection (a) shall not apply to
the sale, transfer, or delivery of a handgun to a depart-
ment or agency of the Federal Government or of any State
government or political subdivision of a State.
SEC. 6. WARNING LABELS FOR HANDGUNS.
(a) INCLUSION OF WARNING LABELS IN HANDGUN
PACKAGING.—
(1) IN GENERAL.—A licensed manufacturer, li-
censed importer, or licensed dealer shall not sell,
transfer, or deliver a handgun with accompanying
packaging or other descriptive materials, unless the
warning label described in paragraph (2) is dis-
played on the principal display panel of the packag-
ing and on the materials.
(2) WARNING LABEL.—
(A) CONTENT.—The warning label re-
ferred to in paragraph (1) is a label that, in
conspicuous and legible type, contains the fol-
lowing statement:
‘‘Children are attracted to and can oper-
ate handguns, which can cause severe inju-
ries or death.
‘‘Prevent child access by always keeping
handguns locked away and unloaded.’’.
(B) APPEARANCE.—The statement re-
quired by subparagraph (A) shall, by typog-
raphy, layout, or color, be in contrast with
other printed matter on the package or descrip-
tive materials, in a manner similar to that de-
scribed in section 1500.121 of title 16, Code of
Federal Regulations (in effect as of January 1,
1998).
(b) AFFIXATION OF WARNING LABEL TO HANDGUN
TRANSFERRED WITHOUT PACKAGING.—A licensed manu-
facturer, licensed importer, or licensed dealer shall not
sell, transfer, or deliver a handgun without accompanying
packaging or other descriptive materials, unless the label
described in subsection (a)(2)(A) is affixed to the handgun
by a method to be prescribed by rule by the Secretary.
(c) EFFECTIVE DATE.—This section shall take effect
60 days after the date of the enactment of this Act.
SEC. 7. REPORTING REQUIREMENTS.
Each licensed manufacturer, licensed importer, and
licensed dealer shall report to the Secretary any informa-
tion obtained by the manufacturer, importer, or dealer
which reasonably supports the conclusion that—
(1) a child has suffered an unintentional or
self-inflicted gunshot wound inflicted through the
use of a handgun that was sold, transferred, or de-
livered by the manufacturer, importer, or dealer
after the effective date of this Act; and
(2) as a result, the individual died, suffered se-
rious injury, or was treated for an injury by a medi-
cal professional.
SEC. 8. ENFORCEMENT.
(a) CIVIL PENALTIES.—The Secretary may assess a
civil money penalty not to exceed $10,000 for each viola-
tion of this Act.
(b) REVOCATION
OF
FEDERAL
FIREARMS
LI-
CENSE.—Section 923(e) of title 18, United States Code,
is amended by inserting after the 2nd sentence the follow-
ing: ‘‘The Secretary may, after notice and opportunity for
hearing, revoke any license issued under this section if the
holder of the license violates any provision of the Child
Handgun Injury Prevention Act or any rule or regulation
prescribed under such Act.’’.
(c) PRIVATE CAUSE OF ACTION.—
(1) IN GENERAL.—Any person aggrieved by any
violation of this Act or of any regulation prescribed
or order issued under this Act by another person
may bring an action against such other person in
any United States district court for damages, includ-
ing consequential damages. In any action under this
subsection, the court, in its discretion, may award to
a prevailing plaintiff a reasonable attorney’s fee as
part of the costs.
(2) RULE OF INTERPRETATION.—The remedy
provided for in paragraph (1) shall be in addition to
any other remedy provided by common law or under
Federal or State law.
(d) PRIVATE ENFORCEMENT OF THIS ACT.—Any in-
terested 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 subsection, the
court, in its discretion, may award to a prevailing plaintiff
a reasonable attorney’s fee as part of the costs.
(e) EFFECT ON PRIVATE REMEDIES.—
(1) IRRELEVANCY OF COMPLIANCE WITH THIS
ACT.—Compliance with this Act or any order issued
or regulation prescribed under this Act shall not re-
lieve any person from liability to any person under
common law or State statutory law.
(2) IRRELEVANCY OF FAILURE TO TAKE AC-
TION UNDER THIS ACT.—The failure of the Sec-
retary to take any action authorized under this Act
shall not be admissible in litigation relating to the
product under common law or State statutory law.
(f) CRIMINAL PENALTIES.—Any person who has re-
ceived from the Secretary a notice that the person has vio-
lated a provision of this Act or of a regulation prescribed
under this Act with respect to a handgun discharge protec-
tion product, and who subsequently knowingly violates
such provision with respect to the product shall be fined
under title 18, United States Code, imprisoned not more
than 2 years, or both.
SEC. 9. NO EFFECT ON STATE LAW.
This Act does not annul, alter, impair, or affect, or
exempt any person subject to the provisions of this Act
from complying with, any provision of the law of any State
or any political subdivision thereof, except to the extent
that such provisions of State law are inconsistent with any
provision of this Act, and then only to the extent of the
inconsistency. A provision of State law is not inconsistent
with this Act if such provision affords greater protection
to children in respect of handguns than is afforded by this
Act.
SEC. 10. DEFINITIONS.
In this Act:
(1) The term ‘‘handgun discharge protection
product’’ means any device (including a handgun)
that is designed, manufactured, or represented in
commerce, as useful in protecting children from in-
jury from the unintentional discharge of a handgun.
(2) The term ‘‘children’’ means individuals who
have not attained 18 years of age.
(3) The terms ‘‘licensed importer’’, ‘‘licensed
manufacturer’’, ‘‘licensed dealer’’, ‘‘Secretary’’, and
‘‘handgun’’ have the meanings given in paragraphs
(9), (10), (11), (18), and (29), respectively, of sec-
tion 921(a) of title 18, United States Code.
Æ