[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 737 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 737

To provide for the manufacturer or importer of a handgun or an assault 
weapon to be held strictly liable for damages that result from the use 
  of the handgun or assault weapon, and to amend the Internal Revenue 
 Code of 1986 to increase the excise tax on firearms and use a portion 
  of the revenues from such tax to assist hospitals in urban areas to 
 provide medical care to gunshot victims who are not covered under any 
                              health plan.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 1993

  Mr. Reynolds (for himself and Mr. Tucker) introduced the following 
bill; which was referred jointly to the Committees on the Judiciary and 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
To provide for the manufacturer or importer of a handgun or an assault 
weapon to be held strictly liable for damages that result from the use 
  of the handgun or assault weapon, and to amend the Internal Revenue 
 Code of 1986 to increase the excise tax on firearms and use a portion 
  of the revenues from such tax to assist hospitals in urban areas to 
 provide medical care to gunshot victims who are not covered under any 
                              health plan.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Strict Liability for Safer Streets 
Act of 1993''.

 TITLE I--STRICT LIABILITY OF MANUFACTURERS AND IMPORTERS OF HANDGUNS 
                          AND ASSAULT WEAPONS

SEC. 101. CAUSE OF ACTION; FEDERAL JURISDICTION.

    (a) In General.--Any person suffering bodily injury, death, or 
property damage, as a result of the discharge of a handgun or an 
assault weapon may bring an action in any United States district court 
against any permissible defendant for damages and such other relief as 
the court deems appropriate.
    (b) Permissible Defendants.--The following persons are permissible 
defendants in an action brought under subsection (a) with respect to a 
handgun or an assault weapon:
            (1) Any manufacturer of the handgun or assault weapon.
            (2) Any importer of the handgun or assault weapon.

SEC. 102. STRICT LIABILITY.

    (a) In General.--Each defendant in an action brought under section 
101(a) shall be held strictly liable in tort, without regard to fault 
or proof of defect, for all direct and consequential damages that arise 
from bodily injury, death, and property damage, proximately resulting 
from the discharge of the handgun or assault weapon with respect to 
which the defendant is a permissible defendant, except as provided in 
subsection (b) of this section.
    (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 
        bodily injury, death, or property damage, while committing a 
        crime punishable by death, or by imprisonment for life or for 
        any term of years.
            (2) Self-inflicted injury.--There shall be no liability 
        under subsection (a) if it is established by a preponderance of 
        the evidence that the plaintiff's bodily injury or death was 
        self-inflicted, or that the property damage was caused by the 
        plaintiff.
            (3) 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 discharge, by a law enforcement officer in the 
        performance of official duties, of a handgun or assault weapon 
        issued by the United States or any department or agency 
        thereof, or any State or any department, agency, or political 
        subdivision thereof.
            (4) Injury by member of the united states armed forces.--
        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 discharge, by a member of the 
        Armed Forces of the United States in the performance of 
        military duties, of a handgun or assault weapon issued by the 
        United States or any department or agency thereof.
            (5) Injury by security guard.--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 
        discharge, by an individual within the scope of employment as a 
        security guard, of a handgun or assault weapon issued by the 
        employer of the individual.
    (c) Authority to Award a Reasonable Attorney's Fee.--In an action 
brought under section 101(a), the court may, in its discretion, allow 
the prevailing party a reasonable attorney's fee as part of the costs.

SEC. 103. STATUTE OF LIMITATIONS.

    An action may not be brought under section 101(a) after the 2-year 
period that begins with the date the injury described therein is 
discovered.

SEC. 104. APPLICABILITY.

    This title shall apply only to handguns and assault weapons 
manufactured in or imported into the United States after the effective 
date of this Act.

SEC. 105. NO EFFECT ON OTHER CAUSES OF ACTION.

    This title shall not be construed to limit the scope of any other 
cause of action available to a person who suffers bodily injury, death, 
or property damage, as a result of the discharge of a handgun or an 
assault weapon.

SEC. 106. DEFINITIONS.

    As used in this title:
            (1) Handgun.--The term ``handgun'' means a firearm which, 
        at the time of manufacture, had a barrel of less than 12 inches 
        in length.
            (2) Assault weapon.--The term ``assault weapon'' means--
                    (A) a firearm--
                            (i) which--
                                    (I) has a barrel of 12 or more 
                                inches in length; and
                                    (II) is capable of receiving 
                                ammunition directly from a large 
                                capacity ammunition magazine;
                            (ii) which is a semiautomatic firearm which 
                        is--
                                    (I) not generally recognized as 
                                particularly suitable for, or readily 
                                adaptable to, sporting purposes; or
                                    (II) concealable on a person; or
                    (B) a firearm which is substantially functionally 
                equivalent to a firearm described by clause (i) or (ii) 
                of subparagraph (A).
            (3) Large capacity ammunition magazine.--The term ``large 
        capacity ammunition magazine'' means a detachable magazine, 
        belt, drum, feed strip, or similar device which has, or which 
        can be readily restored or converted to have, a capacity of 15 
        or more rounds of ammunition.
            (4) Semiautomatic firearm.--The term ``semiautomatic 
        firearm'' means any repeating firearm which utilizes a portion 
        of the energy of a firing cartridge to extract the fired 
        cartridge case and chamber the next round, and which requires a 
        separate pull of the trigger to fire each cartridge.
            (5) 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, 
        detection, investigation, or prosecution of any violation of 
        law.
            (6) Other terms.--The terms ``firearm'', ``importer'', and 
        ``manufacturer'' shall have the meanings given such terms, 
        respectively, in paragraphs (3), (9), and (10) of section 
        921(a) of title 18, United States Code.

SEC. 107. EFFECTIVE DATE.

    This title shall apply to conduct occurring after the date of the 
enactment of this Act.

 TITLE II--REPORT TO VICTIMS ON FEDERAL CRIMES COMMITTED WITH FIREARMS

SEC. 201. REPORT TO VICTIMS ON FEDERAL CRIMES COMMITTED WITH FIREARMS.

    Within 30 days after a conviction is obtained in any Federal court 
of a crime during or in relation to which an individual was injured or 
killed by a firearm (as defined in section 921(a)(3) of title 18, 
United States Code), the United States attorney prosecuting the case 
shall report, on whether title I of this Act applies to the firearm, 
to--
            (1) the individual; or
            (2) if the individual is dead--
                    (A) the closest relative of the individual; or
                    (B) if there is no such relative, the estate of the 
                individual.

                     TITLE III--REVENUE PROVISIONS

SEC. 301. INCREASE IN TAX ON FIREARMS.

    (a) In General.--Section 4181 of the Internal Revenue Code of 1986 
(relating to imposition of tax on firearms) is amended to read as 
follows:

``SEC. 4181. IMPOSITION OF TAX.

    ``There is hereby imposed a tax on the sale by the manufacturer, 
producer, or importer of any firearm, shell, or cartridge a tax equal 
to--
            ``(1) in the case of firearms, 20 percent of the price for 
        which so sold, and
            ``(2) in the case of shells and cartridges, 11 percent of 
        the price for which so sold.''
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the 1st day of the 1st calendar month beginning more 
than 30 days after the date of the enactment of this Act.
    (c) Floor Stocks Tax.--
            (1) Imposition of tax.--In the case of any firearm on which 
        tax was imposed under section 4181 of the Internal Revenue Code 
        of 1986 before the tax-increase date and which is held on such 
        date for sale by any dealer, there is hereby imposed a floor 
        stocks tax on such firearm.
            (2) Amount of tax.--The amount of tax imposed by paragraph 
        (1) with respect to any firearm shall be equal to the amount of 
        tax imposed under section 4181 of such Code with respect to 
        such firearm before the tax-increase date.
            (3) Liability for tax and method of payment.--
                    (A) Liability for tax.--Any dealer holding any 
                firearm on the tax-increase date to which any tax 
                imposed by paragraph (1) applies shall be liable for 
                such tax.
                    (B) Method of payment.--The tax imposed by 
                paragraph (1) shall be paid in such manner as the 
                Secretary of the Treasury or his delegate shall 
                prescribe by regulations.
                    (C) Time for payment.--The tax imposed by paragraph 
                (1) shall be paid before the close of the 6-month 
                period beginning on the tax-increase date.
            (4) Definitions.--For purposes of this subsection--
                    (A) Tax-increase date.--The term ``tax-increase 
                date'' means the 1st day of the 1st calendar month 
                beginning more than 30 days after the date of the 
                enactment of this Act.
                    (B) Firearm.--The term ``firearm'' has the same 
                meaning as when used in section 4181 of such Code.
            (5) Other laws applicable.--All provisions of law, 
        including penalties, applicable with respect to the taxes 
        imposed by section 4181 of such Code shall, insofar as 
        applicable and not inconsistent with the provisions of this 
        subsection, apply to the floor stocks taxes imposed by 
        paragraph (1), to the same extent as if such taxes were imposed 
        by such section 4181.

SEC. 302. HOSPITAL GUNSHOT COST RELIEF TRUST FUND.

    (a) In General.--Subchapter A of chapter 98 of the Internal Revenue 
Code of 1986 (relating to trust fund code) is amended by adding at the 
end thereof the following new section:

``SEC. 9512. HOSPITAL GUNSHOT COST RELIEF TRUST FUND.

    ``(a) Creation of Trust Fund.--There is established in the Treasury 
of the United States a trust fund to be known as the `Hospital Gunshot 
Cost Relief Trust Fund', consisting of such amounts as may be 
appropriated or credited to such Trust Fund as provided in this section 
or section 9602(b).
    ``(b) Transfers to Trust Fund.--
            ``(1) In general.--There are hereby appropriated to the 
        Hospital Gunshot Cost Relief Trust Fund amounts equivalent to 
        50 percent of the net revenues received in the Treasury from 
        the firearms tax.
            ``(2) Net revenues.--For purposes of paragraph (1), the 
        term `net revenues' means the amount estimated by the Secretary 
        based on the excess of--
                    ``(A) the firearms taxes received in the Treasury, 
                over
                    ``(B) the decrease in the tax imposed by chapter 1 
                resulting from the firearms taxes.
            ``(3) Firearms tax.--For purposes of this section, the term 
        `firearms tax' means the tax imposed by section 4181 with 
        respect to firearms (within the meaning of such section).
    ``(c) Expenditures From Trust Fund.--Amounts in the Hospital 
Gunshot Cost Relief Trust Fund shall be available, as provided in 
appropriation Acts, only for purposes of making expenditures to assist 
hospitals located in urban areas in defraying the costs incurred in 
providing medical care to gunshot victims who are not covered under any 
health plan.''
    (b) Clerical Amendment.--The table of sections for such subchapter 
A is amended by adding at the end thereof the following new item:

                              ``Sec. 9512. Hospital Gunshot Cost Relief 
                                        Trust Fund.''

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