I 
109TH CONGRESS 
1ST SESSION 
H. R. 711
To expand the powers of the Attorney General to regulate the manufacture, 
distribution, and sale of firearms and ammunition, and to expand the 
jurisdiction of the Attorney General to include firearm products and 
nonpowder firearms. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2005
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 Attorney General to regulate 
the manufacture, distribution, and sale of firearms and 
ammunition, and to expand the jurisdiction of the Attor-
ney General to include firearm products and nonpowder 
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 2005’’. 
(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. 
(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 Attorney General shall pre-
scribe such regulations governing the design, manufacture, 
and performance of, and commerce in, firearm products, 
consistent 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 Attorney General issues 
a proposed regulation under subsection (a) with respect 
to a matter, the Attorney General shall issue a regulation 
in final form with respect to the matter. 
(c) PETITIONS.—
(1) IN GENERAL.—Any person may petition the 
Attorney General 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 At-
torney General receives a petition referred to in 
paragraph (1), the Attorney General 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 Attorney General may issue an order pro-
hibiting the manufacture, sale, or transfer of a firearm 
product which the Attorney General finds has been manu-
factured, or has been or is intended to be imported, trans-
ferred, or distributed in violation of a regulation pre-
scribed under this Act. 
(b) AUTHORITY TO REQUIRE THE RECALL, REPAIR, 
OR REPLACEMENT OF, OR THE PROVISION OF REFUNDS 
WITH RESPECT TO FIREARM PRODUCTS.—The Attorney 
General may issue an order requiring the manufacturer
of, and any dealer in, a firearm product which the Attor-
ney General determines poses an unreasonable risk of in-
jury to the public, 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 Attorney General a satisfac-
tory 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 At-
torney General may issue an order prohibiting the manu-
facture, importation, transfer, distribution, or export of a 
firearm product if the Attorney General determines that 
the exercise of other authority under this Act would not 
be sufficient to prevent the product from posing an unrea-
sonable risk of injury to the public. 
(d) INSPECTIONS.—When the Attorney General has 
reason to believe that a violation of this Act or of a regula-
tion or order issued under this Act is being or has been 
committed, the Attorney General 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 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 Attorney General 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 Attorney General may require in 
order to ascertain compliance with this Act and the 
regulations and orders issued under this Act; and 
(2) permit the Attorney General 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 Attorney General in regulations) ending be-
fore 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 Attorney General shall 
impose upon any person who violates section 201 a 
civil fine in an amount that does not exceed the ap-
plicable 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.—The Attorney 
General may bring an action to restrain any violation of 
section 201 in the United States district court for any dis-
trict in which the violation has occurred, or in which the 
defendant is found or transacts business. 
(b) CONDEMNATION.—
(1) IN GENERAL.—The Attorney General may 
bring an action in rem for condemnation of a quali-
fied firearm product in the United States district 
court for any district in which the Attorney General 
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 
Attorney General may bring an action in a United States 
district court to restrain any person who is a manufac-
turer 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 Attorney General 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 Attorney General 
to take any action authorized under this Act shall not be 
admissible in litigation relating to the product under com-
mon law or State statutory law.