I
103D CONGRESS
2D SESSION
H. R. 5284
To provide compensation for victims from persons who unlawfully provide
firearms to juveniles, felons, and other disqualified individuals.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 7, 1994
Mr. TORRICELLI introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To provide compensation for victims from persons who un-
lawfully provide firearms to juveniles, felons, and other
disqualified individuals.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Gun Victim Compensa-
tion Act’’.
SEC. 2. VICTIM COMPENSATION FROM PERSONS WHO UN-
LAWFULLY PROVIDE FIREARMS TO JUVE-
NILES, FELONS, AND OTHER DISQUALIFIED
INDIVIDUALS.
(a) VICTIM COMPENSATION.—Section 924 of title 18,
United States Code, is amended by adding at the end the
following new subsection:
‘‘(o) VICTIM COMPENSATION.—
‘‘(1) IN GENERAL.—Any person who sells, deliv-
ers, or otherwise transfers—
‘‘(A) a firearm in violation of section
922(d) or section 922(b)(1); or
‘‘(B) a handgun to a person who the trans-
feror knows or has reasonable cause to believe
is a juvenile, except as provided in paragraph
(6) of this subsection,
shall be liable for damages caused by a discharge of
the transferred firearm by the transferee.
‘‘(2) CIVIL ACTION.—An action to recover dam-
ages under paragraph (1) may be brought in a Unit-
ed States district court by, or on behalf of, any per-
son, or the estate of any person, who suffers dam-
ages resulting from bodily injury to or the death of
any person caused by a discharge of the transferred
firearm by the transferee.
‘‘(3) DISENTITLEMENT TO RECOVERY.—There
shall be no liability under this subsection if it is es-
tablished by a preponderance of the evidence that—
‘‘(A) the damages were suffered by a per-
son who was engaged in a criminal act against
the person or property of another at the time
of the injury; or
‘‘(B) the injury was self-inflicted, unless
the plaintiff establishes that, at the time of the
transfer, the transferor knew or had reasonable
cause to believe that the transferee had not at-
tained the age of 18 years or had been adju-
dicated as a mental defective or committed to
a mental institution.
‘‘(4) PERIOD OF LIABILITY.—No action under
this subsection may be brought for damages that are
caused more than 5 years after the date of the
transfer of a firearm upon which an action could
otherwise be based.
‘‘(5) ATTORNEY’S
FEES
AND
PUNITIVE
DAM-
AGES.—A prevailing plaintiff in an action under this
subsection—
‘‘(A) shall be awarded reasonable attor-
ney’s fees and costs, and
‘‘(B) may be awarded punitive damages.
‘‘(6) JUVENILES.—Paragraph (1)(B) does not
apply to—
‘‘(A) a temporary transfer of a handgun to
a juvenile if the handgun is used by the juve-
nile—
‘‘(i) in the course of employment, in
the course of ranching or farming related
to activities at the residence of the juvenile
(or on property used for ranching or farm-
ing at which the juvenile, with the permis-
sion of the property owner or lessee, is per-
forming activities related to the operation
of the farm or ranch), target practice,
hunting, or a course of instruction in the
safe and lawful use of a handgun;
‘‘(ii) with the prior written consent of
the juvenile’s parent or guardian who is
not prohibited by Federal, State, or local
law from possessing a firearm, except—
‘‘(I) during transportation by the
juvenile of an unloaded handgun in a
locked container directly from the
place of transfer to a place at which
an activity described in clause (i) is to
take place and transportation by the
juvenile of that handgun, unloaded
and in a locked container, directly
from the place at which such an activ-
ity took place to the transferor; or
‘‘(II) with respect to ranching or
farming activities as described in
clause (i), with the prior written ap-
proval of the juvenile’s parent or legal
guardian and at the direction of an
adult who is not prohibited by Fed-
eral, State, or local law from possess-
ing a firearm;
‘‘(iii) if the juvenile keeps the prior
written consent in the juvenile’s possession
at all times when a handgun is in the pos-
session of the juvenile; and
‘‘(iv) in accordance with State and
local law;
‘‘(B) issuance of a handgun to a juvenile
who is a member of the Armed Forces of the
United States or the National Guard who pos-
sesses or is armed with the handgun in the line
of duty;
‘‘(C) a transfer by inheritance of title (but
not possession) of a handgun to a juvenile;
‘‘(D) a delivery of a handgun by a juvenile
to be used in defense of the juvenile or other
persons against an intruder into the residence
of the juvenile or a residence in which the juve-
nile is an invited guest; or
‘‘(E) a transfer of a handgun for consider-
ation if the transfer is made in accordance with
State and local law and with the prior consent
of the juvenile’s parent or legal guardian who is
not prohibited by Federal, State, or local law
from possessing a firearm.
‘‘(7) RULE
OF
CONSTRUCTION.—Nothing in
this subsection shall be construed to limit or have
any other effect on any other cause of action avail-
able to any person.’’.
(b) DEFINITION.—Section 921(a) of title 18, United
States Code, is amended by adding at the end the follow-
ing new paragraph:
‘‘(33) The term ‘juvenile’ means a person who is less
than 18 years of age.’’.
(c) APPLICATION OF AMENDMENT.—The amendment
made by subsection (a) of this section shall apply to dam-
ages resulting from a firearm that was transferred as de-
scribed in section 924(o)(1) of title 18, United States
Code, on or after the date of enactment of this Act.
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