(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 med-
ical 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 fol-
lowing: ‘‘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 regu-
lation 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