[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 515 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 515

      To prevent children from injuring themselves with handguns.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 1999

    Ms. Carson (for herself, Ms. Jackson-Lee of Texas, Mr. Brady of 
  Pennsylvania, Mr. Stark, Mr. Moran of Virginia, Ms. Kilpatrick, Mr. 
      Luther, Mr. Berman, Mr. Sherman, Mr. Wexler, Mrs. Christian-
Christensen, Mr. Nadler, Mr. Lewis of Georgia, Mr. Ford, Ms. Millender-
McDonald, Mr. McGovern, Mr. LaFalce, Mr. Clay, Ms. DeGette, Mrs. Jones 
 of Ohio, Mr. Lantos, Mrs. Clayton, Ms. Pelosi, Mr. Davis of Illinois, 
 Ms. Schakowsky, Mr. George Miller of California, and Mr. Abercrombie) 
 introduced the following bill; which was referred to the Committee on 
  the Judiciary, and in addition to the Committee on Commerce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
      To prevent children from injuring themselves with handguns.

    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 ``Child Handgun Injury Prevention 
Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) In the 10 years from 1987 through 1996, nearly 2,200 
        children in the United States who were 14 years of age or 
        younger died from unintentional shootings, and in 1996 alone, 
        138 children were shot and killed unintentionally, which is an 
        average of 11 children every month, or 1 child every third day, 
        according to the National Center for Health Statistics.
            (2) The United States leads the industrialized world in the 
        rates of children lost to unintentional firearms-related death. 
        A 1997 study from the Centers for Disease Control and 
        Prevention found that for unintentional firearms-related deaths 
        for children under the age of 15, the rate in the United States 
        was 9 times greater than in 25 other industrialized countries 
        combined.
            (3) While the number of unintentional deaths from firearms 
        is an unacceptable toll on the children of the United States, 
        nearly 8 times that number are treated annually in hospital 
        emergency rooms in the United States for nonfatal unintentional 
        gunshot wounds, according to an article in the June 12, 1996, 
        issue of the Journal of the American Medical Association.
            (4) In the June 12, 1987, issue of the Journal of the 
        American Medical Association, a study of unintentional firearms 
        deaths among children in California found that unintentional 
        gunshot wounds most often involve handguns.
            (5) A study in the December 1995 issue of the Archives of 
        Pediatric and Adolescent Medicine found that children as young 
        as 3 years old are strong enough to fire most commercially 
        available handguns. The study found that 25 percent of 3- to 4-
        year-olds and 70 percent of 5- to 6-year-olds had sufficient 
        finger strength to fire 59 (or 92 percent) of the 64 commonly 
        available handguns examined in the study.
            (6) Currently, firearms are the only products manufactured 
        in the United States that are not subject to minimum safety 
        standards.
            (7) A 1997 public opinion poll conducted by the National 
        Opinion Research Center at the University of Chicago in 
        conjunction with the Johns Hopkins Center for Gun Policy and 
        Research found that 74 percent of the people of the United 
        States support safety regulation of the firearms industry.
            (8) Firearms, their component parts, and safety locks 
        designed to prevent firearms from accidentally discharging, all 
        move in interstate commerce.
            (9) Many currently available trigger locks and other 
        similar devices are inadequate to prevent the accidental 
        discharge of the firearms to which they are attached, or to 
        prevent children from gaining access to the firearms.

SEC. 3. REGULATION OF HANDGUN DISCHARGE PROTECTION PRODUCTS.

    (a) General Authority.--The Secretary of the Treasury (in this Act 
referred to as the ``Secretary'') shall prescribe such regulations 
governing the design, manufacture, and performance of, and commerce in, 
handgun discharge protection products, as are necessary to reduce or 
prevent unreasonable risk of injury to children from the unintentional 
discharge of handguns.
    (b) Minimum Safety Standard.--The regulations required by 
subsection (a) shall, at a minimum, set forth a minimum safety standard 
that a handgun discharge protection product must meet in order to be 
manufactured, sold, transferred, or delivered consistent with this Act. 
In developing the standard, the Secretary shall give appropriate 
consideration to handgun discharge protection products that are not 
detachable, but are permanently installed and incorporated into the 
design of a handgun. The standard shall include provisions to ensure 
that any handgun discharge protection product that meets the standard 
is of adequate quality and construction to prevent children from 
operating a handgun, and to ensure that such a product cannot be 
removed from a handgun except through the use of a key, combination, or 
other method of access made possible by the manufacturer of the 
product.
    (c) Use of Poison Packaging Prevention Standards Test Protocols.--
In developing the standard required by subsection (b), the Secretary 
shall consider using test protocols described in section 1700.20 of 
title 16, Code of Federal Regulations, (in effect as of January 1, 
1998), related to poison prevention packaging standards.
    (d) Deadline for Issuance of Standard.--Within 12 months after the 
date of the enactment of this Act, the Secretary shall issue in final 
form the standard required by subsection (b).
    (e) Effective Date of Standard.--The standard issued under 
subsection (b) shall take effect 6 months after the date of issuance.

SEC. 4. ORDERS; INSPECTIONS.

    (a) In General.--The Secretary may issue an order prohibiting the 
manufacture, sale, transfer, or delivery of a handgun discharge 
protection product which the Secretary finds has been designed, or has 
been or is intended to be manufactured, transferred, or distributed in 
violation of this Act or a regulation prescribed under this Act.
    (b) Authority To Require the Recall, Repair, or Replacement of, or 
the Provision of Refunds.--The Secretary may issue an order requiring 
the manufacturer of, and any dealer in, a handgun discharge protection 
product which the Secretary finds has been designed, manufactured, 
transferred, or delivered in violation of this Act or a regulation 
prescribed under this Act, 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 regulations;
            (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 reasonable use;
            (6) recall the product from the stream of commerce; or
            (7) submit to the Secretary a satisfactory plan for 
        implementation of any action required under this subsection.
    (c) 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 handgun discharge protection 
        products are manufactured, stored, or held, for distribution in 
        commerce, and inspect those areas where the products are 
        manufactured, stored, or held; and
            (2) enter and inspect any conveyance being used to 
        transport for commercial purposes a handgun discharge 
        protection product.

SEC. 5. UNLAWFUL ACTS.

    (a) In General.--Beginning 30 days after a final standard issued 
under section 3(b) takes effect, it shall be unlawful--
            (1) for any licensed manufacturer or licensed importer to 
        sell, transfer, or deliver to any person any handgun without a 
        handgun discharge protection product that meets the standard; 
        and
            (2) for any licensed dealer to sell, transfer, or deliver 
        to any person any handgun without the handgun discharge 
        protection product supplied to the dealer by the licensed 
        manufacturer or importer.
    (b) Exception.--Subsection (a) shall not apply to the sale, 
transfer, or delivery of a handgun to a department or agency of the 
Federal Government or of any State government or political subdivision 
of a State.

SEC. 6. WARNING LABELS FOR HANDGUNS.

    (a) Inclusion of Warning Labels In Handgun Packaging.--
            (1) In general.--A licensed manufacturer, licensed 
        importer, or licensed dealer shall not sell, transfer, or 
        deliver a handgun with accompanying packaging or other 
        descriptive materials, unless the warning label described in 
        paragraph (2) is displayed on the principal display panel of 
        the packaging and on the materials.
            (2) Warning label.--
                    (A) Content.--The warning label referred to in 
                paragraph (1) is a label that, in conspicuous and 
                legible type, contains the following statement:
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
    ``Children are attracted to and can operate handguns, which can 
cause severe injuries or death.
    ``Prevent child access by always keeping handguns locked away and 
unloaded.''.

                    (B) Appearance.--The statement required by 
                subparagraph (A) shall, by typography, layout, or 
                color, be in contrast with other printed matter on the 
                package or descriptive materials, in a manner similar 
                to that described in section 1500.121 of title 16, Code 
                of Federal Regulations (in effect as of January 1, 
                1998).
    (b) Affixation of Warning Label to Handgun Transferred Without 
Packaging.--A licensed manufacturer, licensed importer, or licensed 
dealer shall not sell, transfer, or deliver a handgun without 
accompanying packaging or other descriptive materials, unless the label 
described in subsection (a)(2)(A) is affixed to the handgun by a method 
to be prescribed by rule by the Secretary.
    (c) Effective Date.--This section shall take effect 60 days after 
the date of the enactment of this Act.

SEC. 7. REPORTING REQUIREMENTS.

    Each licensed manufacturer, licensed importer, and licensed dealer 
shall report to the Secretary any information obtained by the 
manufacturer, importer, or dealer which reasonably supports the 
conclusion that--
            (1) a child has suffered an unintentional or self-inflicted 
        gunshot wound inflicted through the use of a handgun that was 
        sold, transferred, or delivered by the manufacturer, importer, 
        or dealer after the effective date of this Act; and
            (2) as a result, the individual died, suffered serious 
        injury, or was treated for an injury by a medical professional.

SEC. 8. ENFORCEMENT.

    (a) Civil Penalties.--The Secretary may assess a civil money 
penalty not to exceed $10,000 for each violation of this Act.
    (b) Revocation of Federal Firearms License.--Section 923(e) of 
title 18, United States Code, is amended by inserting after the 2nd 
sentence the following: ``The Secretary may, after notice and 
opportunity for hearing, revoke any license issued under this section 
if the holder of the license violates any provision of the Child 
Handgun Injury Prevention Act or any rule or regulation prescribed 
under such Act.''.
    (c) Private Cause of Action.--
            (1) In general.--Any person aggrieved by any violation of 
        this Act or of any regulation prescribed or order issued under 
        this Act by another person may bring an action against such 
        other person in any United States district court for damages, 
        including consequential damages. In any action under this 
        subsection, the court, in its discretion, may award to a 
        prevailing plaintiff a reasonable attorney's fee as part of the 
        costs.
            (2) Rule of interpretation.--The remedy provided for in 
        paragraph (1) shall be in addition to any other remedy provided 
        by common law or under Federal or State law.
    (d) 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 
subsection, the court, in its discretion, may award to a prevailing 
plaintiff a reasonable attorney's fee as part of the costs.
    (e) Effect on Private Remedies.--
            (1) 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.
            (2) 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 admissible in litigation relating 
        to the product under common law or State statutory law.
    (f) 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 handgun 
discharge protection product, and who subsequently 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.

SEC. 9. NO EFFECT ON STATE LAW.

    This Act does not annul, alter, impair, or affect, or exempt any 
person subject to the provisions of this Act from complying with, any 
provision of the law of any State or any political subdivision thereof, 
except to the extent that such provisions of State law are inconsistent 
with any provision of this Act, and then only to the extent of the 
inconsistency. A provision of State law is not inconsistent with this 
Act if such provision affords greater protection to children in respect 
of handguns than is afforded by this Act.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) The term ``handgun discharge protection product'' means 
        any device (including a handgun) that is designed, 
        manufactured, or represented in commerce, as useful in 
        protecting children from injury from the unintentional 
        discharge of a handgun.
            (2) The term ``children'' means individuals who have not 
        attained 18 years of age.
            (3) The terms ``licensed importer'', ``licensed 
        manufacturer'', ``licensed dealer'', ``Secretary'', and 
        ``handgun'' have the meanings given in paragraphs (9), (10), 
        (11), (18), and (29), respectively, of section 921(a) of title 
        18, United States Code.
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