[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 174 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 174

To provide for the manufacturer, importer, or dealer 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

   Mrs. Collins of Illinois introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for the manufacturer, importer, or dealer 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.

    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 ``Gun Violence Economic Equity Act of 
1995''.

SEC. 2. CAUSE OF ACTION; FEDERAL JURISDICTION.

    (a) In General.--Any person suffering bodily injury or death 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.
            (3) Any dealer who transferred the handgun or assault 
        weapon.

SEC. 3. STRICT LIABILITY.

    (a) In General.--Each defendant in an action brought under section 
2(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 or death 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 
        injury while committing a crime punishable by imprisonment for 
        a term exceeding 1 year.
            (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 injury was self-inflicted.
            (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.
    (c) Authority To Award a Reasonable Attorney's Fee.--In an action 
brought under section 2(a), the court may, in its discretion, allow the 
prevailing party a reasonable attorney's fee as part of the costs.

SEC. 4. STATUTE OF LIMITATIONS.

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

SEC. 5. APPLICABILITY.

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

SEC. 6. 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 handgun or an assault weapon.

SEC. 7. DEFINITIONS.

    As used in this Act:
            (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; or
                            (ii) which is--
                                    (I) a semiautomatic firearm; and
                                    (II) not generally recognized as 
                                particularly suitable for, or readily 
                                adaptable to, sporting purposes; 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'', 
        ``manufacturer'', and ``dealer'' shall have the meanings given 
        such terms, respectively, in paragraphs (3), (9), (10), and 
        (11) of section 921(a) of title 18, United States Code.

SEC. 8. EFFECTIVE DATE.

    This Act shall apply to conduct occurring after the end of the 20-
day period that begins with the date of the enactment of this Act.

                                 <all>