[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1101 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1101

To provide for tort liability of firearms dealers who transfer firearms 
                 in violation of Federal firearms law.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 1999

   Mr. Reed introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To provide for tort liability of firearms dealers who transfer firearms 
                 in violation of Federal firearms law.

    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 Dealer Responsibility Act of 
1999''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Dealer.--The term ``dealer'' has the meaning given such 
        term in section 921(a)(11) of title 18, United States Code.
            (2) Firearm.--The term ``firearm'' has the meaning given 
        such term in section 921(a)(3) of title 18, United States Code.
            (3) 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.

SEC. 3. CAUSE OF ACTION; FEDERAL JURISDICTION.

    Any person suffering bodily injury as a result of the discharge of 
a firearm (or, in the case of a person who is incapacitated or 
deceased, any person entitled to bring an action on behalf of that 
person or the estate of that person) may bring an action in any United 
States district court against any dealer who transferred the firearm to 
any person in violation of chapter 44 of title 18, United States Code, 
for damages and such other relief as the court deems appropriate. In 
any action under this section, the court shall allow a prevailing 
plaintiff a reasonable attorney's fee as part of the costs.

SEC. 4. LIABILITY.

    (a) In General.--Except as provided in subsection (b) of this 
section, the defendant in an action brought under section 3 shall be 
held 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 illegal sale of a firearm if it is 
established by a preponderance of the evidence that the defendant 
transferred the firearm to any person in violation of chapter 44 of 
title 18, United States Code.
    (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) 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 firearm issued by the 
        United States (or any department or agency thereof) or any 
        State (or department, agency, or political subdivision 
        thereof).

SEC. 5. 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 firearm.

SEC. 6. APPLICABILITY.

    This Act applies to any--
            (1) firearm transferred before, on, or after the date of 
        enactment of this Act; and
            (2) bodily injury or death occurring after such date of 
        enactment.
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