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 such 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.—In order to ascertain compliance
with this Act and the regulations and orders issued under
this Act, 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 CER-
TIFY FIREARM PRODUCTS.—It shall be unlawful for the
manufacturer of a firearm product to transfer, distribute,
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 such regu-
lations; 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 such
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, distrib-
ute, or export a firearm product unless the product is ac-
companied by a label that contains—
(1) the name and address of the manufacturer
of the product;
(2) the name and address of any importer of
the product;
(3) a specification of the regulations prescribed
under this Act that apply to the product; and
(4) the certificate required by subsection (a)(3)
with respect to the product.
(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
such 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-
(2) THEREAFTER.—The applicable amount for
any 5-year period described in subsection (f)(2) is
the dollar amount in effect under this section for the
5-year period, rounded in accordance with subsection
(e).
(c) DOLLAR AMOUNT IN EFFECT UNDER THIS SEC-
TION.—The dollar amount in effect under this section for
a 5-year period—
(1) $5,000; multiplied by
(2) the applicable inflation percentage.
(d) APPLICABLE INFLATION PERCENTAGE.—
(1) FIRST 5-YEAR PERIOD.—The applicable in-
flation percentage for 5-year period described in sub-
section (f)(1) is 1.00.
(2) THEREAFTER.—The applicable inflation
percentage for any 5-year period described in sub-
section (f)(2) is the percentage (if any) by which—
(A) the average of the Consumer Price
Index (as defined in section 1(f)(5) of the Inter-
nal Revenue Code of 1986) for the 5-year pe-
riod ending on June 30 of the 5th year of the
immediately preceding 5-year period described
in subsection (f); exceeds
(B) the average of the Consumer Price
Index (as so defined) ending on June 30, 1995.
(e) ROUNDING RULES.—
If the dollar amount in effect
under this section for a 5-
year period is:
The dollar amount is rounded
to the nearest multiple of:
Over $1,000 but not over $10,000 ..........................................
$1,000.
Over $10,000 but not over $100,000 ......................................
$5,000.
Over $100,000 but not over $200,000 ....................................
$10,000.
Over $200,000 .........................................................................
$25,000.
(f) 5-YEAR PERIODS.—A 5-year period is described
in this subsection if the period is—
(1) the 5-year period that begins on January 1,
1996; or
(2) a 5-year period that begins at the end of a
5-year period described in this subsection.
(g) PUBLICATION
IN
FEDERAL
REGISTER.—Not
later than December 1, 1995, and every 5 years there-
after, the Secretary shall prescribe and publish in the Fed-
eral Register the schedule of maximum authorized pen-
alties that will apply for violations referred to in sub-
section (a) that occur during the 5-year period that begins
on the next January 1.
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.—
As used in paragraph (1), the term ‘‘qualified fire-
arm product’’ 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.—
As used in subsection (a), the term ‘‘imminently hazard-
ous firearm product’’ means any firearm product with re-
spect 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 admissi-
ble 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 such 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. FIREARMS VIOLENCE INFORMATION AND RE-
SEARCH.
(a) IN GENERAL.—The Secretary shall—