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(A) In 1986, Don Bennett of Oak Park, Il-
linois, was shot at by 2 men who had just sto-
len $1,200 in cash and jewelry from his subur-
ban Chicago service station. The police arrested
Bennett for violating Oak Park’s handgun ban.
The police never caught the actual criminals.
(B) Ronald Biggs, a resident of Goldsboro,
North Carolina, was arrested for shooting an
intruder in 1990. Four men broke into Biggs’
residence one night, ransacked the home and
then assaulted him with a baseball bat. When
Biggs attempted to escape through the back
door, the group chased him and Biggs turned
and shot one of the assailants in the stomach.
Biggs was arrested and charged with assault
with a deadly weapon—a felony. His assailants
were charged with misdemeanors.
(C) Don Campbell of Port Huron, Michi-
gan, was arrested, jailed, and criminally
charged after he shot a criminal assailant in
1991. The thief had broken into Campbell’s
store and attacked him. The prosecutor plea-
bargained with the assailant and planned to use
him to testify against Campbell for felonious
use of a firearm. Only after intense community
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pressure did the prosecutor finally drop the
charges.
(4) The courts have granted immunity from
prosecution to police officers who use firearms in the
line of duty. Similarly, law-abiding citizens who use
firearms to protect themselves, their families, and
their homes against violent felons should not be sub-
ject to lawsuits by the violent felons who sought to
victimize them.
SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND
TO USE FIREARMS IN DEFENSE OF SELF,
FAMILY, OR HOME; ENFORCEMENT.
(a) REAFFIRMATION OF RIGHT.—A person not pro-
hibited from receiving a firearm by Public Law 90–351
shall have the right to obtain firearms for security, and
to use firearms—
(1) in defense of self or family against a rea-
sonably perceived threat of imminent and unlawful
infliction of serious bodily injury.
(2) in defense of self or family in the course of
the commission by another person of a violent felony
against the person or a member of the person’s fam-
ily; and
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(3) in defense of the person’s home in the
course of the commission of a felony by another per-
son.
(b) FIREARM DEFINED.—As used in subsection (a),
the term ‘‘firearm’’ means—
(1) a shotgun (as defined in section 921(a)(5)
of title 18, United States Code);
(2) a rifle (as defined in section 921(a)(7) of
title 18, United States Code); or
(3) a handgun (as defined in section 10 of Pub-
lic Law 99–408).
(c) ENFORCEMENT OF RIGHT.—
(1) IN GENERAL.—A person whose right under
subsection (a) is violated in any manner may bring
an action in any United States district court against
the United States, any State, or any person for
damages, injunctive relief, and such other relief as
the court deems appropriate.
(2) AUTHORITY TO AWARD A REASONABLE AT-
TORNEY’S FEE.—In an action brought under para-
graph (1), the court, in its discretion, may allow the
prevailing plaintiff a reasonable attorney’s fee as
part of the costs.
(3) STATUTE OF LIMITATIONS.—An action may
not be brought under paragraph (1) after the 5-year
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period that begins with the date the violation de-
scribed in paragraph (1) is discovered.
Æ