I
107TH CONGRESS
1ST SESSION
H. R. 671
To expand the powers of the Secretary of the Treasury to regulate the
manufacture, distribution, and sale of firearms and ammunition, and
to expand the jurisdiction of the Secretary to include firearm products
and nonpowder firearms.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2001
Mr. KENNEDY of Rhode Island introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To expand the powers of the Secretary of the Treasury
to regulate the manufacture, distribution, and sale of
firearms and ammunition, and to expand the jurisdiction
of the Secretary to include firearm products and non-
powder firearms.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Firearms Safety and Consumer Protection Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.
TITLE I—REGULATION OF FIREARM PRODUCTS
Sec. 101. Regulatory authority.
Sec. 102. Orders; inspections.
TITLE II—PROHIBITIONS
Sec. 201. Prohibitions.
Sec. 202. Inapplicability to governmental authorities.
TITLE III—ENFORCEMENT
SUBTITLE A—CIVIL ENFORCEMENT
Sec. 301. Civil penalties.
Sec. 302. Injunctive enforcement and seizure.
Sec. 303. Imminently hazardous firearms.
Sec. 304. Private cause of action.
Sec. 305. Private enforcement of this Act.
Sec. 306. Effect on private remedies.
SUBTITLE B—CRIMINAL ENFORCEMENT
Sec. 351. Criminal penalties.
TITLE IV—ADMINISTRATIVE PROVISIONS
Sec. 401. Firearm injury information and research.
Sec. 402. Annual report to Congress.
TITLE V—RELATIONSHIP TO OTHER LAW
Sec. 501. Subordination to the Arms Export Control Act.
Sec. 502. Effect on State law.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to protect the public against unreasonable
risk of injury and death associated with firearms
and related products;
(2) to develop safety standards for firearms and
related products;
(3) to assist consumers in evaluating the com-
parative safety of firearms and related products;
(4) to promote research and investigation into
the causes and prevention of firearm-related deaths
and injuries; and
(5) to restrict the availability of weapons that
pose an unreasonable risk of death or injury.
SEC. 3. DEFINITIONS.
(a) SPECIFIC TERMS.—In this Act:
(1) FIREARMS DEALER.—The term ‘‘firearms
dealer’’ means—
(A) any person engaged in the business (as
defined in section 921(a)(21)(C) of title 18,
United States Code) of dealing in firearms at
wholesale or retail;
(B) any person engaged in the business (as
defined in section 921(a)(21)(D) of title 18,
United States Code) of repairing firearms or of
making or fitting special barrels, stocks, or trig-
ger mechanisms to firearms; and
(C) any person who is a pawnbroker.
(2) FIREARM PART.—The term ‘‘firearm part’’
means—
(A) any part or component of a firearm as
originally manufactured;
(B) any good manufactured or sold—
(i) for replacement or improvement of
a firearm; or
(ii) as any accessory or addition to the
firearm; and
(C) any good that is not a part or compo-
nent of a firearm and is manufactured, sold, de-
livered, offered, or intended for use exclusively
to safeguard individuals from injury by a fire-
arm.
(3) FIREARM
PRODUCT.—The term ‘‘firearm
product’’ means a firearm, firearm part, nonpowder
firearm, and ammunition.
(4) FIREARM SAFETY REGULATION.—The term
‘‘firearm safety regulation’’ means a regulation pre-
scribed under this Act.
(5) FIREARM
SAFETY
STANDARD.—The term
‘‘firearm safety standard’’ means a standard pro-
mulgated under this Act.
(6) NONPOWDER
FIREARM.—The term ‘‘non-
powder firearm’’ means a device specifically designed
to discharge BBs, pellets, darts, or similar projec-
tiles by the release of stored energy.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Treasury or the designee of the
Secretary.
(b) OTHER TERMS.—Each term used in this Act that
is not defined in subsection (a) shall have the meaning
(if any) given that term in section 921(a) of title 18,
United States Code.
TITLE I—REGULATION OF
FIREARM PRODUCTS
SEC. 101. REGULATORY AUTHORITY.
(a) IN GENERAL.—The Secretary shall prescribe
such regulations governing the design, manufacture, and
performance of, and commerce in, firearm products, con-
sistent with this Act, as are reasonably necessary to reduce
or prevent unreasonable risk of injury resulting from the
use of those products.
(b) MAXIMUM INTERVAL BETWEEN ISSUANCE OF
PROPOSED AND FINAL REGULATION.—Not later than 120
days after the date on which the Secretary issues a pro-
posed regulation under subsection (a) with respect to a
matter, the Secretary shall issue a regulation in final form
with respect to the matter.
(c) PETITIONS.—
(1) IN GENERAL.—Any person may petition the
Secretary to—
(A) issue, amend, or repeal a regulation
prescribed under subsection (a) of this section;
or
(B) require the recall, repair, or replace-
ment of a firearm product, or the issuance of
refunds with respect to a firearm product.
(2) DEADLINE FOR ACTION ON PETITION.—Not
later than 120 days after the date on which the Sec-
retary receives a petition referred to in paragraph
(1), the Secretary shall—
(A) grant, in whole or in part, or deny the
petition; and
(B) provide the petitioner with the reasons
for granting or denying the petition.
SEC. 102. ORDERS; INSPECTIONS.
(a) AUTHORITY TO PROHIBIT MANUFACTURE, SALE,
OR TRANSFER OF FIREARM PRODUCTS MADE, IMPORTED,
TRANSFERRED, OR DISTRIBUTED IN VIOLATION OF REG-
ULATION.—The Secretary may issue an order prohibiting
the manufacture, sale, or transfer of a firearm product
which the Secretary finds has been manufactured, or has
been or is intended to be imported, transferred, or distrib-
uted in violation of a regulation prescribed under this Act.
(b) AUTHORITY TO REQUIRE THE RECALL, REPAIR,
OR REPLACEMENT OF, OR THE PROVISION OF REFUNDS
WITH RESPECT TO FIREARM PRODUCTS.—The Secretary
may issue an order requiring the manufacturer of, and
any dealer in, a firearm product which the Secretary de-
termines poses an unreasonable risk of injury to the pub-
lic, is not in compliance with a regulation prescribed under
this Act, or is defective, 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 those 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) AUTHORITY TO PROHIBIT MANUFACTURE, IM-
PORTATION, TRANSFER, DISTRIBUTION, OR EXPORT OF
UNREASONABLY RISKY FIREARM PRODUCTS.—The Sec-
retary may issue an order prohibiting the manufacture,
importation, transfer, distribution, or export of a firearm
product if the Secretary determines that the exercise of
other authority under this Act would not be sufficient to
prevent the product from posing an unreasonable risk of
injury to the public.
(d) INSPECTIONS.—When the Secretary has reason
to believe that a violation of this Act or of a regulation
or order issued under this Act is being or has been com-
mitted, the Secretary may, at reasonable times—
(1) enter any place in which firearm products
are manufactured, stored, or held, for distribution in
commerce, and inspect those areas where the prod-
ucts are manufactured, stored, or held; and
(2) enter and inspect any conveyance being
used to transport a firearm product.
TITLE II—PROHIBITIONS
SEC. 201. PROHIBITIONS.
(a) FAILURE
OF MANUFACTURER TO TEST
AND
CERTIFY FIREARM PRODUCTS.—It shall be unlawful for
the manufacturer of a firearm product to transfer, dis-
tribute, or export a firearm product unless—
(1) the manufacturer has tested the product in
order to ascertain whether the product is in con-
formity with the regulations prescribed under section
101;
(2) the product is in conformity with those reg-
ulations; and
(3) the manufacturer has included in the pack-
aging of the product, and furnished to each person
to whom the product is distributed, a certificate
stating that the product is in conformity with those
regulations.
(b) FAILURE OF MANUFACTURER TO PROVIDE NO-
TICE OF NEW TYPES OF FIREARM PRODUCTS.—It shall
be unlawful for the manufacturer of a new type of firearm
product to manufacture the product, unless the manufac-
turer has provided the Secretary with—
(1) notice of the intent of the manufacturer to
manufacture the product; and
(2) a description of the product.
(c) FAILURE OF MANUFACTURER OR DEALER TO
LABEL FIREARM PRODUCTS.—It shall be unlawful for a
manufacturer of or dealer in firearms to transfer, dis-
tribute, or export a firearm product unless the product
is accompanied by a label that—
(1) contains—
(A) the name and address of the manufac-
turer of the product;
(B) the name and address of any importer
of the product;
(C) the model number of the product and
the date the product was manufactured;
(D) a specification of the regulations pre-
scribed under this Act that apply to the prod-
uct; and
(E) the certificate required by subsection
(a)(3) with respect to the product; and
(2) is located prominently in conspicuous and
legible type in contrast by typography, layout, or
color with other printed matter on the label.
(d) FAILURE TO MAINTAIN OR PERMIT INSPECTION
OF RECORDS.—It shall be unlawful for an importer of,
manufacturer of, or dealer in a firearm product to fail
to—
(1) maintain such records, and supply such in-
formation, as the Secretary may require in order to
ascertain compliance with this Act and the regula-
tions and orders issued under this Act; and
(2) permit the Secretary to inspect and copy
those records at reasonable times.
(e) 
IMPORTATION
AND
EXPORTATION
OF
UNCERTIFIED FIREARM PRODUCTS.—It shall be unlawful
for any person to import into the United States or export
a firearm product that is not accompanied by the certifi-
cate required by subsection (a)(3).
(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, or
$10,000 if the violation is willful.
(2) THEREAFTER.—The applicable amount dur-
ing any time after the 5-year period described in
paragraph (1) is $10,000, or $20,000 if the violation
is willful.
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 admis-
sible 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.
TITLE IV—ADMINISTRATIVE
PROVISIONS
SEC. 401. FIREARM INJURY INFORMATION AND RESEARCH.
(a) INJURY DATA.—The Secretary shall, in coordina-
tion with the Secretary of Health and Human Services—
(1) collect, investigate, analyze, and share with
other 
appropriate 
government 
agencies 
cir-
cumstances of death and injury associated with fire-
arms; and
(2) conduct continuing studies and investiga-
tions of economic costs and losses resulting from
firearm-related deaths and injuries.
(b) OTHER DATA.—The Secretary shall—
(1) collect and maintain current production and
sales figures for each licensed manufacturer, broken
down by the model, caliber, and type of firearms
produced and sold by the licensee, including a list of
the serial numbers of such firearms;
(2) conduct research on, studies of, and inves-
tigation into the safety of firearm products and im-
proving the safety of firearm products; and
(3) develop firearm safety testing methods and
testing devices.
(c) AVAILABILITY OF INFORMATION.—On a regular
basis, but not less frequently than annually, the Secretary
shall make available to the public the results of the activi-
ties of the Secretary under subsections (a) and (b).
SEC. 402. ANNUAL REPORT TO CONGRESS.
(a) IN GENERAL.—The Secretary shall prepare and
submit to the President and Congress at the beginning
of each regular session of Congress, a comprehensive re-
port on the administration of this Act for the most re-
cently completed fiscal year.
(b) CONTENTS.—Each report submitted under sub-
section (a) shall include—
(1) a thorough description, developed in coordi-
nation with the Secretary of Health and Human
Services, of the incidence of injury and death and ef-
fects on the population resulting from firearm prod-
ucts, including statistical analyses and projections,
and a breakdown, as practicable, among the various
types of such products associated with the injuries
and deaths;
(2) a list of firearm safety regulations pre-
scribed that year;
(3) an evaluation of the degree of compliance
with firearm safety regulations, including a list of
enforcement actions, court decisions, and settlements
of alleged violations, by name and location of the vi-
olator or alleged violator, as the case may be;
(4) a summary of the outstanding problems
hindering enforcement of this Act, in the order of
priority; and
(5) a log and summary of meetings between the
Secretary or employees of the Secretary and rep-
resentatives of industry, interested groups, or other
interested parties.
TITLE V—RELATIONSHIP TO
OTHER LAW
SEC. 501. SUBORDINATION TO ARMS EXPORT CONTROL
ACT.
In the event of any conflict between any provision of
this Act and any provision of the Arms Export Control
Act, the provision of the Arms Export Control Act shall
control.
SEC. 502. EFFECT ON STATE LAW.
(a) IN GENERAL.—This Act shall not be construed
to preempt any provision of the law of any State or polit-
ical subdivision thereof, or prevent a State or political sub-
division thereof from enacting any provision of law regu-
lating or prohibiting conduct with respect to a firearm
product, except to the extent that such provision of law
is inconsistent with any provision of this Act, and then
only to the extent of the inconsistency.
(b) RULE OF CONSTRUCTION.—A provision of State
law is not inconsistent with this Act if the provision im-
poses a regulation or prohibition of greater scope or a pen-
alty of greater severity than any prohibition or penalty im-
posed by this Act.
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