I
103D CONGRESS
2D SESSION
H. R. 4001
To provide for tort liability of firearms dealers who transfer firearms in
violation of Federal firearms law.
IN THE HOUSE OF REPRESENTATIVES
MARCH 10, 1994
Mr. REED introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To provide for tort liability of firearms dealers who transfer
firearms in violation of Federal firearms law.
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 Dealer Respon-
sibility Act of 1994’’.
SEC. 2. CAUSE OF ACTION; FEDERAL JURISDICTION.
Any person suffering bodily injury or death as a re-
sult of the discharge of a firearm may bring an action
in any United States district court against any dealer who
transferred the firearm to any person in violation of chap-
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ter 44 of title 18, United States Code, for damages and
such other relief as the court deems appropriate. In any
action under this section, the court shall allow a prevailing
plaintiff a reasonable attorney’s fee as part of the costs.
SEC. 3. LIABILITY.
(a) IN GENERAL.—Except as provided in subsection
(b) of this section, the defendant in an action brought
under section 2 shall be held liable in tort, without regard
to fault or proof of defect, for all direct and consequential
damages that arise from bodily injury or death proxi-
mately resulting from the illegal sale of a firearm if it is
established by a preponderance of the evidence that the
defendant transferred the firearm to any person in viola-
tion of chapter 44 of title 18, United States Code.
(b) DEFENSES.—
(1) INJURY WHILE COMMITTING A FELONY.—
There shall be no liability under subsection (a) if it
is established by a preponderance of the evidence
that the plaintiff suffered the injury while commit-
ting a crime punishable by imprisonment for a term
exceeding 1 year.
(2) INJURY BY LAW ENFORCEMENT OFFICER.—
There shall be no liability under subsection (a) if it
is established by a preponderance of the evidence
that the injury was suffered as a result of the dis-
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charge, by a law enforcement officer in the perform-
ance of official duties, of a firearm issued by the
United States or any department or agency thereof,
or any State or any department, agency, or political
subdivision thereof.
(3) INJURY
BY
MEMBER
OF
THE
UNITED
STATES ARMED FORCES.—There shall be no liability
under subsection (a) if it is established by a prepon-
derance of the evidence that the injury was suffered
as a result of the discharge, by a member of the
Armed Forces of the United States in the perform-
ance of military duties, of a firearm issued by the
United States or any department or agency thereof.
SEC. 4. NO EFFECT ON OTHER CAUSES OF ACTION.
This Act shall not be construed to limit the scope of
any other cause of action available to a person injured as
a result of the discharge of a firearm.
SEC. 5. DEFINITIONS.
As used in this Act:
(1) DEALER.—The term ‘‘dealer’’ has the
meaning given such term in section 921(a)(11) of
title 18, United States Code.
(2) FIREARM.—The term ‘‘firearm’’ has the
meaning given such term in section 921(a)(3) of
title 18, United States Code.
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(3) LAW ENFORCEMENT OFFICER.—The term
‘‘law enforcement officer’’ means any officer, agent,
or employee of the United States, or of a State or
political subdivision thereof, who is authorized by
law to engage in or supervise the prevention, detec-
tion, investigation, or prosecution of any violation of
law.
SEC. 6. APPLICABILITY.
This Act shall apply to—
(1) firearms transferred before, on, or after the
date of the enactment of this Act; and
(2) bodily injury or death occurring after such
date of enactment.
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